#LetHerSpeak: The State Government has been urged to change ‘outdated’ sex abuse laws
Abuse victims have taken offence at the wording of laws which imply a relationship between victims and their abusers.
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CALLS to change the wording of the state’s sex-abuse laws are growing, following the story of Tasmanian sexual abuse survivor Grace Tame.
Ms Tame won a court exemption to speak publicly about her sexual abuse by her high-school teacher Nicolaas Bester, prompting a wave of support.
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In 2011 Bester was charged for maintaining a sexual relationship with a young person under 17 — an offence former head of Tasmania’s Bar Association Chris Gunson says needs overhauling.
“I’m of the view that the crime, as it currently stands, wrongly implies the abused child is in some form of relationship with the perpetrator,” Mr Gunson said.
“It downplays the significance of the conduct and implies some sort of willingness on the part of the victim.”
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Last year, the Liberal Government voted against an Opposition amendment to rename the offence “persistent sexual abuse of a child”.
Mr Gunson said removal of “relationship” from the offence also removed any suggestion the child had a voluntary role in the crime.
Shadow attorney-general Ella Haddad on Thursday restated the ALP’s call to rename the offence.
“This offence could have been renamed long ago if it wasn’t for the senseless opposition of [Attorney-General] Elise Archer,” she said.
“Implying a relationship exists between offenders and victims sends a terrible message.
“We need to call this out for what it is — the heinous and persistent sexual abuse of a child by an adult.”
But Law Society of Tasmania president Evan Hughes urged the State Government to resist rushing into any potential law change.
“The Government should be guided by advice and I think any change should be done in a proper measured way with direction from the Tasmanian Law Reform Institute,” he said.
A Government spokesman said Ms Archer is committed to look at the issue.
“Work is ongoing, however it is important to understand care needs to be taken with any reform to ensure it achieves its intended outcome,” the spokesman said.
Treasurer Peter Gutwein said the Government was exploring the reform.
“The Attorney-General has already indicated in the terms of the matter of a relationship with the young person that she is considering changes in that area,” he said.