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Victoria allows sexual assault survivors to speak on their own terms
Following significant backlash from an online campaign, the Victorian government has taken urgent action to ensure victim-survivors of sexual assault can share their stories.
Naomi Neilson
Under amendments to the Judicial Proceedings Reports Act, victim-survivors of sexual violence can now tell their stories without first needing to seek permission from courts, the Victorian Attorney-General Jill Hennessy announced following major criticisms.
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The amendment will allow victim-survivors to determine how, when and in the way that they want their identity and story to be published. It will also ensure that those who do not want to go public can keep their anonymity under the law and the victim-survivors who have already spoken up prior to the bill’s reform will receive immunity.
“Surviving sexual assault is not a source of shame and our laws will enable the victim-survivors to speak publicly, on their terms,” Ms Hennessey said. “We will support rights of victim-survivors to share their stories and give them the opportunity to heal and to advocate for change so that we rid society of this violent behaviour.”
The reforms were developed in close consultation with victim-survivors and those who work with them following a series of roundtables in September, including the members of “Let her Speak” campaign, the Victims of Crime Consultative Committee, the state’s Centre Against Sexual Assault and the Victim-Survivors’ Advisory Council.
A second tranche of reforms will consider related issues, including an examination on how the law should apply to the publication of details of deceased victims.
The Victorian government said the changes strike a balance between the need to provide fair remedies for a person whose reputation is harmed and ensuring that the laws do not place unreasonable limits on freedom of expression, particularly regarding matters of public interest.
“These changes will also ensure victim-survivors are better protected when speaking up by adding clear and fair tests to defamation cases,” Ms Hennessy said.
