#LetHerSpeak: Northern Territory law reform divides survivors

Although archaic gag laws have been eased in the NT, a woman who was raped at work still can’t speak out.

EXCLUSIVE

Lavinia Duga, 29, has become the first woman to speak out under landmark new laws in the Northern Territory, which have eased the gag restrictions on complainants in sexual offence matters.

Until today, journalists could face up to six months jail or heavy fines for publishing the real identities of sexual assault victims who wanted to be named.

Now, survivors can choose to waive their right to anonymity, provided they are over 18, give consent in writing, have capacity to consent, and there are no outstanding court proceedings or appeals.

RELATED: Text reveal soldier’s horrific sexual assault

RELATED: Read Lavinia Duga’s powerful victim impact statement

“Women should be allowed to speak publicly if they want to” said Ms Duga, who believes that the shame of sexual assault sits with the offender, not the victim.

“Look, I have nothing to hide. I just hope speaking out like this helps someone else and encourages them to not feel afraid”.

Yet not all sexual assault survivors in the NT are now free to free to speak following law reform and, ironically, one of the lead figures in the #LetHerSpeak campaign remains gagged.

In 2017, Sandra* was raped at work by Kevin Willcocks, while performing at a buck’s party just outside of Darwin.

Willcocks was sentenced to three and a half years jail suspended after nine months. He was released from jail in November last year, but continues to appeal his conviction in the hopes of no longer having to register as a sex offender.

Under the new laws, survivors can only speak out if all proceedings – including any appeals – are completed. This means that Sandra will remain indefinitely gagged so long as her rapist continues to appeal.

“I could be waiting for years,” she said. “It gives him all the power again and my mouth still has to stay shut.

“It feels like I’m still being held down, like his hand is still around my throat just like it was during the rape, only now it’s not physical, but emotional.

“It feels like a constant form of mild torture in the back of your mind. He’s already finished his jail time. How much longer should I have to wait?”

RELATED: Woman’s horrific rape at work revealed

‘Sandra’ has been waiting to speak since 2017. She is still gagged by the law, despite law reform. Picture: Supplied.

Lavinia has also expressed strong support for Sandra.

“I know how it feels. It means that you’ve got to hold everything in and no one knows about you. Like no one knows what you’re going through. That’s just wrong.”

Earlier this year during government consultations for law reform, survivors, academics and legal experts all argued that the NT should follow in the footsteps of most other Australian jurisdictions, which allow adult survivors to waive their right to anonymity at any point in time – including before proceedings or appeals are finalised.

In March, the NT Legislative Scrutiny Committee reached a similar conclusion and recommended that the Government amend the draft bill accordingly.

However that recommendation was rejected in June.

‘Sandra’ says she doesn’t know how much longer she can stand waiting. Picture: Supplied.

When contacted for comment, Attorney-General Natasha Fyles said the government takes recommendations from the Legislative Scrutiny Committee “very seriously”, but that in this instance, the advice was rejected for the “safety and protection” of survivors.

Swinburne Law School lecturer Dr Rachael Burgin has rejected this explanation, labelling it a “paternalistic” approach to survivors.

“How and why do they think this new system protects survivors? There is no evidence for that,” she said.

“Silencing survivors (during proceedings) and limiting their rights, protects offenders, not survivors. I would suggest that this language is being employed (by the Government) to justify a bad decision.”

Lavinia Duga is a sexual assault survivor and has been advocating for a change in the Northern Territory sexual assault victim gag laws through the #LetHerSpeak campaign. Picture: Richard Dobson

Lavinia says that it has been divisive for the government to pass laws which only allow some survivors to speak, but not others.

“We should support anyone who wants to speak up about injustice because this could happen to anyone”.

Nina Funnell is the creator of the #LetHerSpeak campaign in partnership with Marque Lawyers and End Rape On Campus Australia

This article was supported by the Judith Neilson Institute for Journalism and Ideas.