Advocates who campaigned against recent laws they say gagged thousands of sexual assault victims and survivors have prompted Victoria's Attorney-General to order an urgent review of the legislation.
Key points:
- Advocates say law reforms mean any sexual assault survivors in cases that reached a guilty verdict must obtain a court order to speak about their experience
- Attorney-General Jill Hennessy has asked the Victorian Law Reform Commission to urgently investigate the issue
- The Opposition said it appeared the writing of the reforms, which it supported, had "created unintended consequences"
The Judicial Proceedings Reports Act was recently amended to try and give victims involved in court proceedings a clear way to seek to remove orders protecting their identity if they wanted their names used in the media.
Journalists who cover courts cannot report details that may identify victims in sexual assault matters.
But advocates say an unintended consequence of the reforms, which took effect in February, means many victims who want to share their stories using their real name now cannot speak publicly at all without getting permission from the courts.
"We just can't believe, after 24 years of trying to stop this draconian approach to silencing victims of crime, that Victoria of all places would introduce legislation like this," said Bravehearts founder Hetty Johnson, whose daughter was sexually assaulted.
"It is an absolute disgrace and … they need to rescind that legislation immediately."
The Let Us Speak campaign says the laws mean sexual assault victims in any cases that have resulted in a guilty verdict now need to obtain a court order before speaking publicly with their real name.
The laws carry a fine of more than $3,000 or four months in jail, but advocates say the legal costs involved in seeking a court order can be prohibitively expensive.
Survivors 'horrified' and 'retraumatised' by laws
The Let Us Speak campaign said because the laws apply no matter how long ago someone was convicted, victim-survivors who shared their stories publicly in the past also now had to apply for a court order if they wanted to continue speaking out using their names.
Ms Johnson said not allowing sexual assault survivors to use their own names if they wanted to share their stories eroded victims' dignity and civil rights.
"Our aim is to raise the voice of the victims, the voice of the survivors, the voice of the child, above that. It is a cultural shift that just has to happen."
One sexual assault survivor, who cannot be identified, said the laws sent the message that telling their stories "was something we should be ashamed about".
"I have spoken to countless survivors today who have all called me up absolutely horrified by this, and this has just re-traumatised so many people," she said.
"There's so little control in the legal process for survivors, and people going through the legal process, and this is something that has been taken away."
Victorian Attorney-General Jill Hennessy said the consequences of the reforms were unintended, and she had asked the Department of Justice and Community Safety to "urgently look" at the laws.
"The changes that took effect in February were about reducing barriers and improving clarity for victims who want to talk about their experiences, not about introducing new restrictions for survivors who want to go public with their story," she said in a statement.
Opposition victim support spokesperson Brad Battin welcomed the review.
"I urge Attorney-General Hennessy to consult with victims and consider a way forward that will allow victims of sexual assault to tell their story, without having to make an application through the judicial system to do so," he said.
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August 26, 2020 at 07:33PM
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Campaign by abuse survivors prompts urgent review by Victoria's Attorney-General - ABC News
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