Anastasia survived two horrific assaults. She learnt a heartbreaking truth

A two-time rape survivor has described the crushing isolation of being treated like a mere witness and not a victim during her pursuit of justice, as a leading advocate said urgent support was needed for women “thrown into the machine” of the legal system.

Anastasia Treharne shared her story with the Herald as she waits for her rapist Justin Downs to be sentenced over an attack in 2022. It sparked memories of her best friend’s father being convicted of sexually assaulting her when she was just 16.

Treharne is the latest sexual assault or domestic violence victim to detail their experience to this masthead, as advocates highlight the urgent need to integrate siloed support systems, address ongoing dangers to victims and ensure recent legislative changes actually work.

A gruelling fight for justice that began as a teenager

Some months ago in a courthouse full of Treharne’s supporters, the 23-year-old stoically stared at Downs and declared her refusal to be silent as she read her victim impact statement.

The consequences of his actions reached far beyond the courtroom, she told him, hoping he would one day understand their full weight.

“For over three years I have carried the weight of this burden. Now, I hand it back where it belongs,” she said. He did not return her gaze.

It was not the first time Treharne’s body was violated. She was just a teenager when she was first raped.

During a sleepover at her best friend’s father’s apartment, the then-16-year-old woke to find an intoxicated Michael Robinson standing over her. Paralysing fear engulfed her as he sexually assaulted her several times.

Her victim impact statement in that first trial described the devastating impact, including crippling panic attacks, nightmares and eating struggles. Her schooling suffered and friends grew distant, affecting the studies she could pursue.

“I wasn’t sure who or what I was any more,” the statement read.

“I don’t know if I’ll ever quite be the same again.”

In 2020, Robinson was sentenced to five years’ prison with a non-parole period of three years and four months.

Two years later, as Treharne began rebuilding her life, she was raped again.

She met Downs on a dating app in mid-2022 – a year before he made the news for dumping his ex-girlfriend’s pet snakes on a Coogee street.

After initial small talk, the pair arranged a date at Downs’ home. Treharne withdrew her consent from what began as consensual sex. She told the jury she said “stop” multiple times and was in pain, but Downs continued his attack.

When it was safe to leave, an emotional Treharne ran outside to be rescued by a friend. She was examined in hospital and made a report to police.

From the beginning, the investigative process was extremely confronting.

‘For over three years I have carried the weight of this burden. Now, I hand it back where it belongs.’

She took part in a police-monitored “pretext call” with Downs in the hope he would make admissions.

Compounding her trauma, the proceedings faced continuous delays, often with very little or no notice. Each time, Treharne and her loved ones suffered financially and emotionally.

Though her previous experience helped her prepare to testify, it was no easier.

Having studied criminology, Treharne understood much courtroom jargon and its legal importance. But she still found it jarring and distant; her words were “repeated back” to her while stripped of human context. Then, she would go home and attempt to explain complex updates to distressed family members.

Downs was found guilty of one count of rape and not guilty of three counts of rape over the same night.

Treharne’s first thought on hearing the word “guilty” was that she now had a chance to read her victim impact statement and finally be considered more than “just a witness”.

“It was the first time that I got to sit there and say, this happened to me,” she said.

Relief that Downs would be punished was accompanied by feelings of being traumatised again and that no one was in her corner.

“Unfortunately, I don’t think I would be able to put my hand on my heart and tell my younger self, it’ll be worth it, even with convictions in both trials,” she said.

“And that is so heartbreaking, because it’s supposed to be.”

The professional dancer did not want to discourage other survivors from pursuing justice. Rather, she sought to highlight the strength required to persevere through court, even when equipped with resources, confidence and a wide support network.

Treharne described the exhaustion of advocating for herself through an already taxing process. Prosecutors, though they aimed to convict Downs, were not independent advocates.

“I wanted to rely on someone who I can let my guard down with for some relief, which is just not felt throughout the justice process,” she said.

“Not necessarily because I trust them on a personal level, but because I trust them in a setting where their genuine interest is me.”

Many rape victims feel like ‘witnesses’ to their own crimes

Karen Bevan, CEO of advocacy group Full Stop Australia, said victims too often described feeling like a witness to one’s own assault and having their experiences minimised.

“Our legal systems aren’t fit for purpose and really don’t take into account that the person who’s been subject to sexual assault has a place in the system,” she said.

In March, the federal and NSW governments announced a $5 million package to strengthen sexual assault justice responses, including $1.55 million for a pilot of Sexual Violence Community Justice System Navigators. These specialist workers will provide support and information to victims through the legal process.

Full Stop Australia, formerly the NSW Rape Crisis Centre, called for these navigators in its 2025-26 pre-budget submission. Bevan stressed these “limited” pilots, while a good start, must urgently become well-funded, permanent measures.

Countries such as England and Wales implemented similar navigators almost a decade ago. Promising research showed these changes led to faster outcomes and better support for survivors.

As for Tuesday’s NSW budget, Bevan was disappointed by the lack of new funding to tackle sexual violence. There is $19.3 million in funding to expand men’s behaviour change programs under a significant domestic violence package, but this did not specifically “address the largest growing and yet most underreported crime in NSW, sexual assault”.

“Transformative system change requires transformative investment,” she said.

“Aside from welcome but modest investments in the short-term pilot sexual violence navigator programs and legal advice programs, the lack of additional funding in sexual violence is disappointing when we see the reality every day of the harm occurring and the need for real change”.

‘I wanted to rely on someone who I can let my guard down with for some relief, which is just not felt throughout the justice process.’

Bevan supported other recent reforms, including NSW’s abolition of “good character” laws. Courts can no longer rely on character references, witnesses or apology letters to reduce sexual offence penalties. But she felt lawyers may find loopholes to introduce good character references through other means.

It would also take time, she said, to unpack the relatively new concept of affirmative consent laws passed in NSW in 2022. The laws state consent must be actively communicated rather than presumed.

Ultimately, Bevan said the modern legal system was “daily trying to undo the weight” of centuries-old biases fed by a system built on treating women as property rather than independent legal actors.

“That’s hard and complex work,” she said.

Treharne experienced legal biases firsthand. As well as yelling “no” during her assault, she froze at one point. She was shocked that defence lawyers still weaponised that reaction against her, despite it being scientifically proven as a normal trauma response.

Having observed so many severely overworked staff, she also hoped the new legal support navigators would improve a critically under-resourced system.

Reflecting on the past seven years, she said true justice was as much about how she was treated on the way to securing verdicts as it was about the outcomes.

Speaking out publicly helped her reclaim her experience, she said, but this did not make her stronger than others: “Every victim is brave and resilient.”

Downs’ sentencing was to be on Wednesday, but was adjourned for two weeks. He faces a maximum penalty of more than a decade behind bars.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732). Anyone impacted by sexual, domestic, or family violence can also access 24/7, free and confidential trauma-specialist counselling through Full Stop Australia (1800 385 578).

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