26 September 2023

New law to show ACT against violence

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Victim-survivors’ access to justice is to be enhanced with the introduction of a new Bill to strengthen and improve how the Territory’s criminal justice system responds to sexual violence.

Introducing the Sexual Assault Reform Legislation Amendment Bill 2022, Attorney-General Shane Rattenbury said it was the first stage of law reforms responding to the Sexual Assault Prevention and Response Steering Committee’s December report Listen. Take Action to Prevent, Believe and Heal.

“This Report highlighted just how much work there is to do to deliver a justice system that works for victim-survivors,” Mr Rattenbury said.

“The system must change,” he said.

“It is vital that we reduce the further traumatisation of victim-survivors when they have contact with the justice system as well as address under-reporting and barriers to accessing justice by providing consistent and clear treatment under the law.”

He said the Bill would help align the ACT’s laws and justice system with community attitudes and expectations.

Mr Rattenbury said this first tranche of reforms provided that evidence of prior family violence between parties may be admissible in sexual offence proceedings; the presumption of bail did not apply to certain sexual offences against young people; and self-induced intoxication could not be considered in determining whether the accused person had knowledge, recklessness or a reasonable belief as to consent.

He said the Bill also allowed for special interim Personal Protection Orders and Workplace Protection Orders, which would operate for longer than 12 months where there were ongoing related criminal proceedings.

The Steering Committee’s 214-page Report can be accessed at this PS News link.

Support for people impacted by the issues discussed in this article is available from the Canberra Rape Crisis Centre on 02 6247 2525, 1800RESPECT on 1800 737 732 and Lifeline on 13 11 14.

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