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Victoria ushers in major sexual violence law reforms
Major reforms to sexual violence laws in Victoria that forms part of a 10-year strategy to minimise assault will shift the focus away from the victim-survivors and onto the perpetrators to confirm to the courts that they obtained consent prior to the attack.
Naomi Neilson
In addition to shifting the onus onto the perpetrator to confirm they received consent, proposed changes to the Crimes Act 1958 will also make stealthing an explicit crime. This will mean that anyone found to have removed a condom or other protection during sexual activity without the other person’s knowledge will face legal action.
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These changes come in response to the Victorian Law Reform Commission’s report, Improving the Justice System Responses to Sexual Offences, which the government has already committed to with a $5.2 million funding boost to specialist sexual assault services to help respond to increasing reporting and demand.
Commenting on the proposed reforms, Attorney-General Jaclyn Symes said: “This landmark report highlights just how much work there is to do to deliver a justice system that works for victim-survivors. It’s an enormous job – and we will work closely with those who know this issue best to get it done. To victim-survivors, we hear you. The system must change. This is too important not to act.”
The $5.2 million investment builds on the nation-leading work already underway across Victoria to end gendered and family violence, backed by an existing $3.5 billion in funding since the landmark royal commission. The report was commissioned with the view that more must be done to make sure justice is being effectively delivered.
All of the Commission’s recommendations will be considered in detail, including how criminal investigations and trials can be improved to minimise trauma, how the system can better support victim-survivors and keep them informed, and how education and outreach can shift community attitudes about sexual offending.
Minister for Prevention of Family Violence Gabrielle Williams said sexual assault violates trust, autonomy and respect in some of the most vulnerable moments and are too often perpetrated by those “who are supposed to love us the most”.
“Victim-survivors have lived silently with the trauma of sexual violence for too long. Today, we honour their strength, resilience and courage – delivering reform that will assist in getting the justice they deserve,” Ms Williams said.
