Sexual abuse victim says law ‘shields perpetrators’

TASMANIAN Attorney-General Elise Archer says she is open to reconsidering a law that prevents survivors of sexual assault from sharing their story using their own name.

End Rape on Campus director Sharna Bremner.

TASMANIAN Attorney-General Elise Archer says she is open to reconsidering a law that prevents survivors of sexual assault from sharing their story using their own name.

The potential shift in policy comes after End Rape on Campus kicked off a national campaign aimed at allowing Tasmanian and Northern Territory sexual assault survivors aged 18 and older to waive their right to anonymity and speak out if they choose.

SEXUAL ASSAULT STORY YOU CAN’T BE TOLD

The Tasmanian law, known as Section 194K of the Tasmanian Evidence Act, effectively prohibits sexual assault victims from being identified, even with their co-operation and consent.

A Tasmanian woman who was molested by her paedophile teacher aged 15 said the state’s legislation was wrong.

“While well intentioned, it doesn’t protect survivors from media exploitation,” the woman said. “Rather it shields perpetrators from having to face up to the public consequences of their own actions.”

Ms Archer yesterday said survivors’ grievances with the law had been brought to her attention.

“I’m not shutting the door on it but it needs to be considered carefully and appropriately,” she said.

“We live in a small jurisdiction where people are related.

“There may be more than one victim to one perpetrator’s crime or crimes and so in the context of one victim providing consent we need to look at the broader ramifications to other possible victims.”

Tasmaniam Attorney-General Elise Archer. Picture: NIKKI DAVIS-JONES

But End Rape on Campus director Sharna Bremner said other states and territories already had clear provisions to deal with such circumstances and that Tasmania was dragging its heels.

“These issues have been on the table since at least 2003. Reform is well and truly overdue,” Ms Bremner said.

The Tasmania Law Reform Institute recommended in 2015 that the state’s laws change to allow publication of identifying material with the permission of survivors aged 18 and older.

Women’s Legal Service chief executive Susan Fahey said she was supportive of a review of the existing legislation to examine how it could be improved.

“In principle we have no issue of survivors of sexual violence and sexual assaults particularly having ownership of their story — it’s their story,” she said.

“Obviously that has to strike a balance with how and when that story’s told in the context of court proceedings so it doesn’t prejudice that, but in effect people who have experienced these crimes should be allowed to talk about them.”

An Opposition spokesman said the law was “clearly an issue that needs to be addressed” but added “there needs to be consultation with the legal fraternity”.

Greens Leader Cassy O’Connor said allowing sexual assault survivors to share their own stories was a no-brainer.

“Sexual assault and rape disempowers people,” she said.

“We don’t want to have a law that further disempowers survivors by denying them a voice.”