Sex victim laws closer
THE ability for victims of sexual assaults to tell their stories is a step closer with draft legislation to be released for public comment from today. Section 194K of the Evidence Act 2001 prohibits the identification of victims in sexual offence proceedings without a court order. But the State Government is overhauling the archaic laws after a concerted #LetHerSpeak campaign launched last year and led by the Mercury.
THE next step in a campaign to allow victims of sexual assaults to tell their stories in their own voice has arrived, with draft legislation to be released for public comment from today.
Section 194K of the Evidence Act 2001 currently prohibits the identification of victims in sexual offence proceedings without a court order — even if they consent to being identified.
In October, AttorneyGeneral Elise Archer announced plans to overhaul the archaic laws following a concerted #LetHerSpeak campaign launched last year and led by the Mercury.
Ms Archer said the releasing of the draft legislation was a significant step towards improving support for victims of sexual assaults.
She said the legislation struck the right balance between the rights of victims who wished to speak out and those who did not consent or did not have capacity.
Creator of the #LetHerSpeak campaign, Nina Funnell, said the release of the draft legislation was a promising step on the path to law reform: “Through the #LetHerSpeak campaign, we’ve seen the power and importance of survivors telling their own stories on their own terms,’’ she said.
“When law reform is achieved, it will finally restore dignity, agency and voice to those who have been silenced for so long.
“The #LetHerSpeak campaign is also currently working with four other survivors right now, all of whom are waiting for their chance to speak.
“While we are in the process of applying for their court orders, the only sustainable long-term solution is an overhaul to the law itself. We will be really happy when we don’t have to jump through these legal hoops anymore, and where the process is far more streamlined and trauma informed.”
Grace Tame, the first female sexual assault survivor in Tasmania to win her right to self-identify in the media, welcomed the news as a positive step towards reforming the laws.
Ms Tame, 24, said the campaign had built community strength “which will only continue to grow throughout this ongoing process of reforming legislation”.
The Mercury was recognised for its #LetHerSpeak campaign, taking out the prize for best campaign at last week’s News Corp Australia’s News Awards.
The proposed reforms also seek to change the names of sexual offences to better reflect the true nature of the crimes.
Ms Archer said language used in the crime of “Maintaining a sexual relationship with a young person” no longer reflected community expectations and understanding.
She said there would be safeguards to ensure protections for victims who did not wish to be identified and an offence for breach of the prohibition.
The documents are available on Government’s Justice website: justice.tas.gov. .au/community-consultation