Tasmanian government accused of slut-shaming sexual abuse victims

The Tasmanian government has been accused of slut-shaming and victim-blaming sexual abuse victims by using a “morally repugnant” legal defence in compensation claims.

A KEY law firm acting for survivors of historic sexual abuse has accused the Tasmanian government of slut-shaming and victim-blaming by engaging the “morally repugnant” legal defence that a victim has consented to being abused.

Melbourne-based firm Angela Sdrinis Legal said although the Tasmanian government introduced crucial changes in 2018 that removed the statute of limitations in historic sexual abuse civil claims, the practical reality was the government was trying to avoid paying compensation by using an ethically-questionable legal defence.

The firm said one of its Tasmanian clients was 14 years old when she was allegedly sexually abused by an older man, with the abuse continuing “even after the state was put on notice that it was occurring”.

“In its defence to her claim, the state has argued that just because the sexual activity was a crime does not mean it was ‘sexual abuse’ for the purposes of the amendments to the Limitation Act because the abuse was consensual’,” it said in a statement.

“This argument has been raised in both ward of state and Department of Education matters where the adult perpetrator was clearly in a position of power and authority over the claimant.”

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Another Angela Sdrinis Legal client was sexually abused by a teacher at St Michael’s Collegiate in the early 1990s, with the perpetrator convicted in 2017.

The victim-survivor said she was outraged the Tasmanian government was relying on the legal defence of “consent”.

“As someone who is a survivor of sexual abuse, I feel a responsibility to speak out,” she said.

“To say a young girl has ‘consented’ to sexual abuse at the hands of an older man in a position of power and authority over them is absolutely devastating to me. It is not just victim blaming but slut shaming.

“I was called a slut at the time I was being abused. And now the State of Tasmania is basically saying that people like me asked for the horrific trauma we went through. It is outrageous.”

Angela Sdrinis Legal said the state of Tasmania was the only defendant it had ever dealt with to have raised this defence.

The firm also noted the defence had not been used in similar cases concerning male survivors.

“It is not surprising that female survivors would see such a defence as ‘slut shaming’,” it said.

The St Michael’s Collegiate victim-survivor said the Tasmanian government needed to “change the language they are using”, otherwise women like her would “continue to suffer in silence and the abuse of girls by people in positions of power and authority will continue”.

Minister Elise Archer arrives. Swearing in of the new Tasmanian government cabinet at government house Hobart. Picture: Nikki Davis-Jones

Attorney-General Elise Archer said she empathised with all victim-survivors and that the Tasmanian government intended to deal with all child sexual abuse claims “senstively and with the utmost respect and consideration for victims”.

“Matters such as these are dealt with by the Office of the Solicitor-General. Having very recently been made aware of an individual matter, I have immediately instructed the Office of the Solicitor-General not to pursue the limitation defence,” she said.

Ella Haddad, the shadow Attorney-General, said Ms Archer had made a “lot of noise” about changing laws to help victim-survivors, but in practice what was happening “borders on the grotesque”.

“The government’s own lawyers are pushing back against these claims against the intent of the legislation, claiming children as young as 14 consented to the abuse they endured,” she said.

“What is the new Premier Jeremy Rockliff going to do about this? Mr Rockliff said he supports the work of the Commission of Inquiry. Now is the time for him to step in and put an end to these disgraceful and shameful practices.”

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