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Victoria to review gag laws that would imprison sexual assault victims
An “urgent” review into the gag laws preventing sexual assault survivors from speaking about their experiences will be conducted by Victorian law reform bodies.
Naomi Neilson
February’s quiet changes to the state’s Judicial Proceedings Reports Act has sparked fresh debate into the gag orders preventing survivors from publishing material relating to their experiences. If the victim publicly disseminates information and uses their own name without court permission, they could be facing a four-month prison term.
“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,” Ms Hennessy wrote.
The A-G said she has asked the Department of Justice and Community Safety to “look at whether further changes are needed to ensure [the reforms] are effective”. Victorian Law Reform Commission will also be conducting a review into the laws relating to rape and sexual assault, as well as the associated adult and child sexual offences.
The legislation will allow a survivor to publish their identity only at the behest of a court motion or an approved application, which critics believe could be expensive to pursue. Adult survivors will be unable to automatically waive their right to anonymity.
The law will prohibit publication of their name “in a book, newspaper, magazine or any other written publication”, a television, radio broadcast, a “public exhibition” or through any electronic communication. The prison sentence or a $3,304 fine could be imposed.
“I remain concerned about the barriers – both cultural and legal – that continue to exist for victims of sexual assault,” Ms Hennessy tweeted, adding that she was aware of the concerns raised by victims and advocacy groups regarding the effect of the reforms.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
