Court gag to be removed to allow families of sexual assault victims to speak out

The families of deceased sexual assault victims will no longer need a court order to speak publicly, under changes to the law set to be introduced to the Victorian Parliament.

Legislation introduced last year resulted in sexual assault survivors and the loved ones of victims who had died having to seek a court’s permission if they decided to go public with their stories.

Jaime-lee Page’s sister, Carol (pictured), was murdered by her stepfather in 1997.

It technically meant that even families who had spoken out previously, such as the loved ones of rape and murder victims, would need the court’s permission to comment publicly on their deaths.

The government effectively reversed the laws for survivors late last year. In amendments set to go to Parliament on Tuesday, it now wants to do the same for families and loved ones of victims who have died.

“We should be talking about sexual offending, bringing it out of the shadows, making sure we’re empowering particularly women but all victims and their families,” Attorney-General Jaclyn Symes said.

Ms Symes said the law still allowed for families, partners and close friends to apply to the court for a victim privacy order â€" effectively a new type of suppression order â€" if loved ones could demonstrate distress caused to them outweighed any public interest.

Jamie-lee Page joined a campaign to make it easier for sexual assault survivors, and families of deceased victims, to speak out.

The orders can last for up to five years and perpetrators are banned from applying.

Jaime-lee Page obtained a court order to go public about her father’s sexual assault of her and the murder of her sister, Carol.

David Hodson shot Carol, his step-daughter, outside her workplace in Mordialloc in 1997, months after Carol had reported to police that, like her sister, she had been sexually abused.

Ms Page said the laws struck the right balance between privacy for families that wanted it and allowing others to speak out.

State Attorney-General Jaclyn Symes is pushing to amend the legislation in Parliament.Credit:Eddie Jim

“It’s what I fought for. It’s what my sister would have wanted and a lot of families will just be relieved,” she said.

Laws already prevent the media from identifying sexual assault survivors. The changes in this area mean if victims wish to go public, they now can without requiring a court order.

The law has been less clear in the case of victims who have died. While some lawyers interpreted the law as giving the right to publish the details of assault cases where the victims were deceased, others said the protection of a sexual offence victim was indefinite.

The Attorney-General said the new amendments created a clear path, so it was “absolutely clear that you can publish”.

Greg Barns, SC, the national criminal justice spokesperson for the Australian Lawyers Alliance, said problems would arise if one family member wanted to name their loved one but other relatives disagreed.

“We’re not opposed to it, but we do say it needs very, very careful applications,” Mr Barns said.

Ms Symes said the courts were well placed to make a judgment and could also take into account the wishes of victims if they were known before their death.

Dr Rachael Burgin, a criminologist and head of Rape and Sexual Assault Research and Advocacy, welcomed the proposal, but said the step away from secrecy was contingent on how the courts interpreted the legislation in a state where hundreds of suppression orders were issued every year.

Ashleigh Rae Cooper had to obtain a court order in order to speak publicly about her sexual assault.Credit:Justin McManus

“This potentially is just inviting, or it’s putting, the decision around whether something is heard right into the hands of the judiciary who are responsible for that culture,” Dr Burgin said.

“It’s not placing it in a position where we’re confident that we will pull down these walls and the hidden nature of sexual violence.”

Ms Page was one of 12 Victorians who were backed by the #LetUsSpeak campaign, created by journalist and advocate Nina Funnell, to obtain orders to go public with their stories and pressure the government to amend the legislation.

Ashleigh Rae Cooper, now 30, was also among them, obtaining an order so she could speak about abuse that occurred when she was 13 years old.

“My hope would be regardless of whether you were a victim today or a victim 25 years ago that the choice to tell the story remains yours and that right is inalienable,” Ms Cooper said.

Shadow attorney-general Edward O’Donohue said the original laws were botched and caused unnecessary pain and suffering.

“Whatever changes Labor now proposes, it’s critical that these families of victims have been properly consulted, and their voices heard, as part of any further change,” Mr O’Donohue said.

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Tammy Mills is the legal affairs reporter for The Age.

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