Women’s Safety and Justice Taskforce recommends huge overhaul of Qld sex crime laws

Margaret McMurdo’s Women’s Safety and Justice Taskforce has recommended sweeping changes to the state’s sex crime laws to put “victims at the centre” alongside a major “rape myths” campaign. SEE THE RECOMMENDATIONS

A revolutionary overhaul of Queensland’s sex crimes laws has been recommended by the Women’s Safety and Justice Taskforce, following extraordinary submissions from victims who described a “broken” system.

Major changes to consent laws, and a change to archaic and often offensive language in the criminal code, as well as an overhaul of the way sexual assault offences are prosecuted in court, are among recommendations now being considered by the State Government.

Taskforce chair Margaret McMurdo handed down her second Hear Her Voice report on Friday, which examined the barriers faced by Queensland women and girls accessing the criminal justice system, both as victims and offenders.

Her first report, about domestic and family violence, led to the government agreeing to introduce coercive control legislation, as well as the establishment of a Commission of Inquiry into police responses to domestic violence.

The second report included 188 recommendations for the government, including the establishment of a statewide forensic examination service to ensure the “timely and high-quality” collection of valuable evidence.

Women’s Safety and Justice Taskforce chair Margaret McMurdo. Picture: Glenn Hampson

It also recommended an expansive community education campaign to dispel “rape myths”, as well as a change in law allowing the immediate publication of the identity of an accused sex offender.

The taskforce also looked at the experiences of women and girls as accused persons or offenders, and made a raft of recommendations to improve their experiences with the justice system.

Ms McMurdo said victims of sexual assault had told the taskforce “rape myths” had added to their trauma, and made them feel shame and blamed.

“While pushing for the overhaul of how police, prosecutors and lawyers treat victims, they also wanted better education for the community about sexual assault,” the report found.

“The message that the taskforce received from women and girls in Queensland is that they are seeking shift, not just in the focus of the law but within the entire community.

“Women and girls want it understood that sexual activity requires mutual agreement before it occurs and both parties to a sexual encounter should take responsibility for ensuring that there are no misunderstandings.”

The taskforce received more than 300 submissions, including more than 250 from victim-survivors of sexual assault.

Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, Shannon Fentiman holds the second report of the Women’s Safety and Justice Taskforce. Picture: NCA NewsWire / John Gass

One survivor told the taskforce how being subjected to the court system after their assault was confusing, traumatic and inconsistent.

“I was yelled at and humiliated in court. The defence layer pointed at me and yelled ‘you’re a liar!’,” she said.

“To me, the court system was more traumatising than the assault. No one had told me when the court date was set. I had to keep calling them up to ask. I called up the last time and they said ‘did no one tell you? Your court date is next week’.”

The taskforce also heard from victims who said they felt disempowered with limited rights during the legal process, with one saying “as a victim of a serious crime, I had less rights than the offender who was declared not guilty”.

Attorney-General Shannon Fentiman said it was an “incomprehensible reality” that victims who want to come forward to report perpetrators were also in a position where they were wary of the system.

“That’s why it is vital for the government to receive comprehensive, evidence-based recommendations to help remove any barriers for women coming forward to utilise the justice system,” she said.

“I would like to thank these countless survivors who courageously shared their experiences that will ultimately shape how we can best prevent and respond to issues of violence going forward.

“Some of the recommendations in here go to significant law reform around consent as fact and how we actually run a campaign in the community to educate people about what consent means, so that we see less sexual assaults.”

Other victims told of being judged, being made to feel responsible for their assault and feeling shame following interactions with police.

“One said “at the police station, I felt repeatedly judged by statements like ‘how much did you have to drink? You do not have any concrete evidence for us to use, this is a dead end’.”

Another wrote “police made me feel unwelcome, uncomfortable, unheard and hopeless at the moment of most vulnerability”.

“(The offender) can continue his life under protection of the legal system, but we cannot even be told why our committal hearing has been adjourned. The imbalance in this system is astounding. It’s very difficult to have hope for change, just as it is difficult to have hope for justice,” she said.

Ms Fentiman thanked the “brave” women and girls who had told their stories to the taskforce.

“Your legacy will be that we have heard you, we have listened to you and now we are acting to overhaul the system, to place victim survivors at the centre,” she said, adding changing community attitudes regarding sexual assault crimes was key.

“We have to do more, to work with the community to make sure that people understand when a woman comes forward and reports sexual assault, we need to believe her,” she said.

“And so anything we can do as government to partner with people - I mentioned campaigns, education and awareness about consent - and believing women when they come forward will make a difference.

“Because that’s not forget, jury said on sexual assault cases, so we need everyone in our community to understand these rape myths and myths around sexual assault so that we can actually better deliver justice for victims.”

Premier Annastacia Palaszczuk said she hoped the findings and recommendations of the report would be considered by cabinet in the next four to six weeks.