The first phase of law reforms to improve and strengthen the ACT’s response to sexual violence have been passed in the Legislative Assembly giving victim-survivors better access to justice.
Welcomed by Attorney-General Shane Rattenbury, the passage of the ACT Government’s Sexual Assault Reform Legislation Bill 2022, will now better align ACT laws with the community’s attitudes and expectations about sexual assault.
“These reforms will improve access to justice for victim-survivors of sexual violence,” Mr Rattenbury said.
“We want to address and remove barriers facing victim-survivors to engaging with the justice system by providing appropriate protections and support for those engaging with the criminal justice system,” he said.
“The reforms represent the first stage of ACT Government-led law reforms stemming from the recommendations in the Sexual Assault Prevention and Response Steering Committee report (SAPR report), Listen. Take Action to Prevent, Believe and Heal, published in December 2021.”
Mr Rattenbury said that as recommended in the SAPR report, the reforms would now explicitly provide that evidence of prior family violence between parties may be admissible in sexual offence proceedings, and that presumption of bail would not apply to certain sexual offences in the Crimes Act 1900.
He said the reforms omitted a section of the Evidence (Miscellaneous Provisions) Act 1991 which requires consideration of the reasonableness of a mistaken belief as to consent.
The Attorney-General said the changes also meant that self-induced intoxication could no longer be considered in determining whether the accused person had knowledge, recklessness, or a reasonable belief as to consent.
Mr Rattenbury said the reforms also allowed special interim Personal Protection Orders and Workplace Protection Orders to operate for longer than 12 months where there were ongoing related criminal proceedings.
Information about the SAPR report and support services available in the ACT can be accessed at this PS New link.
