Let her speak: Survivors, advocates, lawyers support Sandra

Rape survivors, victims’ advocates and legal experts have joined forces behind a sexual assault survivor, Sandra*, who is being gagged by an archaic law which silences all sexual assault survivors in the Northern Territory

Darwin woman Sandra* has joined the Let Her Speak campaign

Rape survivors, victims’ advocates and legal experts have joined forces behind a sexual assault survivor, Sandra*, who is being gagged by an archaic law which silences all sexual assault survivors in the Northern Territory.

Sandra, 38, was raped in 2017 when working as an adult performer at a bucks party outside of Darwin. The offender, Kevin Willcocks, was found guilty in 2019 and sentenced to three and a half years jail, suspended after nine months. He was released from jail in November last year.

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Sandra now wants to tell her story in a feature length documentary which explores victim blaming and ‘slut shaming’ in the criminal justice system.

However an outdated law – section 6 of the Sexual Offences Evidence and Procedure Act – prohibits all sexual assault survivors from being named, regardless of their consent.

Any journalist who does name Sandra, as she wishes, can face six months jail or heavy fines. Theoretically, sexual assault victims can also be prosecuted if they reveal their own identity.

In response, Sandra has now joined the #LetHerSpeak campaign to reform the victim gag-law.

She is supported by over a dozen rape and sexual assault survivors from across the country who believe she should have the right to tell her story under her real name.

“It’s important for victims of sexual assault to be able to tell their own story after an assault because it can help with the healing process” says Sandra.

“The ability to make that choice gives a little power back to someone who has had so much taken from them.

“By gagging victims against their will you’re robbing them of their own unique voice. For change to happen more voices need to be heard.”

The Attorney-General, Natasha Fyles, agrees the law needs reforming.

“The #LetHerSpeak campaign has been a powerful one both here in the NT and across Australia” Ms Fyles said.

“Off the back of the #LetHerSpeak campaign the Territory Labor Government acknowledges that there may be victims who want to tell their stories and therefore waive the prohibition on publication.

“Some victims of sexual assault want privacy and anonymity, and this government respects that too.”

Attorney-General Natasha Fyles agrees the law needs reforming. Picture: Justin Kennedy

The Government called for submissions in November last year and a report is due to be tabled later this month. Once it is tabled it will be scheduled for debate.

However Sandra’s lawyer, Michael Bradley of Marque Lawyers, says that the proposed changes to the law will not assist Sandra, because victims would only be able to speak out once all avenues of appeal are exhausted. In Sandra’s case this is of particular relevance, as although Willcocks was released from jail last year, he is currently appealing his conviction.

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“There are a number of reasons why a convicted sex offender might appeal their conviction,” says Mr Bradley.

“If successful, it would mean they don’t have a criminal record following them for their rest of their lives and they won’t have to be on the sex offender register.”

“While the NT Government has now recognised that the gag-law is a bad law, its draft amending bill would still unjustifiably remove agency from victims in Sandra’s position.

“The Government needs to recognise that, in the context of sexual crimes, the first interest that the legal system must look to protect is that of the victim. Basic regard for human dignity demands that, but the NT government isn’t quite there yet.”

Ms Fyles says the Legislation Scrutiny Committee “will consider all submissions and concerns raised.”

Nina Funnell is the creator of the #LetHerSpeak campaign in partnership with End Rape On Campus Australia and Marque Lawyers. You can donate to the campaign via the #LetHerSpeak GoFundMe.

If you or someone you know is impacted by sexual assault or family violence call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call triple-0

*not her real name