Tragic reason Aussie woman's 'rapist' walked free after she reported him to police: 'Who has a chance'

An Australian woman has relived the harrowing phone call she received from police telling her that her alleged rapist would not face any charges because she had only hazy memories of the ordeal. 

Tasmanian woman Bec told the ABC’s 7.30 program she met her alleged attacker in a bar, where they shared a bottle of wine before he bought her a few more drinks.

Bec said that's when her memory became hazy, but she recalled the man saying 'let's get you out of here' before insisting she get into his car. 

She said her next 'very small' memory was of being raped.

Bec said she sent a text message to the man the next morning to ask him what had happened, and he told her they had unprotected sex.

'Sorry you can't remember,' he allegedly texted her.

That's when she reported in incident to police. 

Tasmania made history as the first Australian state to enact affirmative consent laws. These laws mandate that both parties involved in a sexual encounter must provide explicit and voluntary consent through clear verbal or non-verbal communication.

However, a complication arises when one person involved is too intoxicated to actively give consent.

Despite a friend filming Bec's distress the day after the alleged rape and the text from her alleged attacker, police believed  the case was not strong enough to proceed as she did not look drunk in CCTV footage.

Unfortunately for Bec, the entire process became prolonged and arduous. The toxicology reports, originally expected to be completed within four weeks, stretched to a frustrating six months, ultimately yielding inconclusive results. 

As a result, and following a process that took almost a year, the Director of Public Prosecutions recommended against prosecuting. 

Bec, who received the significant decision via phone while at work, said: 'According to the DPP's feedback, the reasoning is that since you don't recall the incident, the CCTV footage might be misconstrued as indicative of consent.' 

'Even with all the tick boxes, it still wasn't good enough,' she said.

 'The question that really remained was, well, in what cases does rape get prosecuted?

'Is it when it's only violent? Is it when it's a total stranger? Is it when it's only that you're sober, or that there's no alcohol or drugs involved? It has to tick these very small boxes, which we know isn't the case for most rapes.'

Bec claims she learned that another woman who also had a 'troubling sexual experience' with the same man during her year-long quest for justice. 

Nearly nine out of ten women who claim to have experienced sexual assault in the last decade opt not to report it to the police. 

If you or someone who know needs support, call the 24-hour national sexual assault, family and domestic violence hotline on 1800 737 732.