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Crucial law changes to allow loved ones to speak of sexual violence crimes
Under changes proposed by the Victorian government last week, families and close friends of sexual assault victims will have the option to speak out about the crimes against their loved ones without the need to obtain a court order first.
Naomi Neilson
The Judicial Proceedings Reports Amendment Bill introduced in Victorian Parliament on Tuesday, 3 August has sought to amend the Judicial Proceedings Reports Act 1958 to save families, partners and close friends from proceeding through the courts in order to obtain an order that will allow them to speak out on sexual violence cases.
“A crucial aspect of all laws is how they consider and protect the rights of victims. These changes enable the loved ones of deceased victims to continue to advocate on their behalf,” Ms Wolff explained of the proposed new amendments.
In addition, the bill seeks to clarify that the prohibition on publishing details likely to lead to the identification of a victim of sexual offence ends upon the death of the victim in addition to introducing a new victim privacy order (VPO) scheme.
The scheme will enable a person with sufficient interest to apply for a VPO to protect the identity and privacy of the deceased. Importantly, a convicted or alleged perpetrator cannot apply, even if they are a family or close friend. While the duration of a VPO is capped at five years, an application can be made for extension.
In this instance, LIV reiterates its position that victims should maintain their right to privacy even after their death and that the publication prohibition should not end at this point: “While the VPO scheme would go some way to protecting the privacy of the victims, this should be the default setting.
“It is encouraging that there are commitments within the bill to review the scheme after two years, and that there are some safeguards in place such as the requirement to provide a statement of reasons for making or extending a VPO.”
Another concern is that the bill has not considered a period of privacy between the death of a victim and the end of the publication prohibition to allow families and friends a reasonable period to grieve and adequate time to seek the VPO.
As part of this, LIV urges the Victorian government to consult, listen and engage with relevant stakeholders, advocates, experts and the broader community to ensure that the bill meets the intended purpose, particularly as it “sunsets” in two years.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
