The risk of child victims being questioned about consent while in court will be reduced
The government has introduced new legislation that aims to address known issues in the justice system for victims of sexual violence and boost their rights.
The Victims of Sexual Violence (Strengthening Legal Protections) Legislation bill aims to rectify longstanding issues within the justice system. The proposed bill seeks to reduce the risk of child victims of sexual violence being questioned about consent while in court. Additionally, the bill affords adult victims more control over their automatic name suppression.
Justice Minister Ginny Andersen said, “The Government has delivered on its promise to improve victims’ experiences. Despite past attempts to do this, victims still often feel unsafe, re-traumatised and like their voices are not being listened to. These changes will make a real difference.”
Andersen underscored the importance of these changes, highlighting that child victims are often traumatized when giving evidence at trial. “Being asked if they wanted or even enjoyed the sexual activity is damaging and just plain wrong. We are amending the law to ensure that the question of consent is not relevant when a child takes the stand.”
The new bill also seeks to increase the maximum penalty for the offence of sexual connection with a child to 20 years imprisonment, aligning with that of sexual violence. Furthermore, the bill strengthens the rules on automatic name suppression. Andersen noted that name suppression protects the victims’ privacy, but not everyone wants or needs protection in this way.
“Victims must have the right to speak out about their experiences, should they choose to. These changes mean our justice system will support that choice,” Andersen said.
The government has also expanded the Victim Assistance Scheme, with an estimated 10,000 more grants available to victims of serious crimes. This extension encompasses improved support for families of homicide victims, a dedicated counselling grant for victims of serious crimes, increased hourly rates for victims’ counselling, and new funding specifically for victims of sexual violence.
Furthermore, the government has initiated three pilot programs to address existing justice system gaps. These programs include ensuring victims’ views are heard during bail decisions, providing specialist training for staff supporting child witnesses, and improving safety planning and coordination for victims of serious crimes.
“By focusing on the areas that victims have told us are not working, these pilots can make a real difference on the ground right now and inform a more victim-focused justice system in the long term,” Andersen said. The pilots will run for a year, with a final evaluation in July 2024.
Source: thelawyermag.com
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