On 7 February 2020 new laws were introduced in Victoria, that have caused significant concern as they make it incredibly difficult for victims of sexual assault to speak out.
Victim/survivor advocacy groups such as the #letusspeak campaign have spoken out against the changes, and Victorian Attorney-General Jill Hennessy has asked the state’s justice department to look at whether further changes to the laws are needed.
So, what does the law actually say?
The legislation in question is outlined in sections 4(1CA) and 4(1CB) of the Judicial Proceedings Reports Act.
Section 4(1A) of the Act makes it an offence to publish details of a conviction for a sexual offence that is likely to lead to the identification of the victim.
Identifying material can only be published if:
- proceedings have concluded,
- the offender has been convicted and
- both the adult victim and the court have given permission for the publication.
Section 4(1CB) prevents a court from giving permission to publish identifying material if:
- disclosing the identity of the victim would identify another victim who does not consent, or is a child, or
- disclosure is not appropriate in all the circumstances.
What do the laws mean?
These laws mean that victim/survivors of sexual assault could face fines and possible jail time for publishing their stories if the case is still before the court or a conviction has been handed down, unless they can get a court order.
According to the Victorian Government, the laws were meant to be about reducing barriers, improving clarity, and protecting victim/survivors from unwanted media attention. However, in reality, these laws effectively silence victims and prevent them from carrying out advocacy work.
If you are from Victoria, but your experience/s of sexual assault or abuse occurred in another state, you will not be affected by the changes but it is important to get legal advice before speaking out as each jurisdiction has different rules about speaking out.
Many instances of sexual assault or abuse don’t get reported to the police, or if they do, they may not proceed to court for a range of reasons. It is concerning that these laws may add yet another deterrent for victim/survivors to report their story to the police.
Why can’t victim/survivors simply get a court order to tell their story?
Obtaining a court order can be a complex process. Getting legal advice can be difficult and expensive, it is likely to be time consuming and retraumatising for people.
Sharing these stories is an important part of destigmatising ideas around sexual assault. We await the promised changes to these laws, and will continue to advocate for people who have experienced sexual abuse or assault to be in control of their story.
