Victims need to have voice

WE CAN only watch aghast as our closest neighbours in Victoria are now subjected to laws that will silence sexual assault victims. Here in Tasmania, the Mercury recently ran the #LetHerSpeak campaign.

It ended in April this year when the Tasmanian state government amended existing legislation which previously barred victims of sexual abuse and assault from self-identifying and making their stories public.

The changes mean if a person who has been a victim of a sex crime provides written consent, the media will be able to help them make their story public.

The significance of these changes and the bravery of the group of people who brought them about cannot be understated.

It was led by journalist Nina Funnell on behalf of brave women who were willing to tell their stories.

Ms Funnell has spearheaded a similar campaign in the Northern Territory.

In both cases, the push was to fix archaic laws. In both cases, governments recognised the need to restore rights to the survivors.

However, this week, our sister paper, the Herald Sun, revealed that new Victorian laws, which were quietly made in February, will stop survivors of sexual assault from using their real names to speak out about their guilty attackers.

The changes to the Judicial Proceedings Reports

SEXUAL ASSAULTS TAKE AWAY A VICTIM’S POWER, BANNING THEM FROM PUBLICLY SPEAKING ABOUT THEIR ORDEAL DOES THE SAME THING OVER AGAIN.

Act have been described as a victory for pedophiles and rapists, and those who break the law face fines of more than $3000 and up to four months’ jail.

It seems to be poorly drafted legislation more than a deliberate attack on survivors but, as we’ve pointed out many times in this publication in the past, sexual assaults take away a victim’s power, banning them from publicly speaking about their ordeal does the same thing over again.

Whether clumsy or intentional – the effect is the same – abusers are protected while survivors lose their agency and their ability to take back their power.

Victorian survivors who want to self-identify in public once a guilty verdict is in place will now need to obtain a court order, which could cost thousands of dollars. As Ms Funnell points out, once an attacker is found guilty is ordinarily the best time for a survivor to speak out as the risk of defamation or contempt of court is nullified. Even those who have previously spoken up will no longer be able to.

“It’s a crushing development for survivors, some of whom are just learning that they are no longer able to self-identify in the media, despite having already performed years of advocacy around critical issues, including institutional child sex abuse,” Ms Funnell wrote. “It’s also a thumping victory for all convicted sex offenders in Victoria.”

We stand in solidarity with survivors of sexual assault and we implore the Victorian government to reconsider legislation that strips their right to identify themselves should they choose to do so.

If you or someone you know has been impacted by sexual assault or family violence call 1800 RESPECT on 1800 737 732.