The rights of victims and survivors of crime and keeping our community safe are key priorities for the Tasmanian majority Liberal Government.
That is why our Government has today tabled legislation to amend section 194K of Tasmania’s Evidence Act 2001 to provide victims of sexual assault the right to speak out publicly.
It takes immense courage for survivors of sexual crimes to speak about their experience, and our Government recognises some members of the community have expressed concerns that section 194K of the Evidence Act 2001 may not currently strike the right balance.
The Act currently prohibits the identification of victims in sexual offence proceedings without a court order, including when the person is an adult at the time of publication and consents to being identified. Legislation has been drafted to include provisions which will allow publication to occur more readily if that is what victims want.
It remains vitally important that appropriate safeguards are in place to ensure that if a victim may wish to speak publicly about their experience, such action does not unduly impact other victims who wish to remain anonymous or who are unable to provide consent.
Therefore, there are appropriate protections for victims who do not wish to be identified and the legislation will also include an offence for breaches of the publication prohibition.
The Evidence Act is a complex area of law and any reform must strike the right balance, which is why we have consulted extensively with the broader and legal community over a period of time, firstly on reform issues and then on the draft Bill, to inform the final form of this legislation. What is now being proposed is the most balanced approach to reform and more consistent with exemption provisions in most State jurisdictions.
Submissions were received from a range of bodies including the legal sector, community organisations, media organisations, the education sector and private individuals.
Additionally, the Government will table a separate Bill to modernise the language used by the Criminal Code in a number of sexual crimes, especially those involving young people, to better reflect the true nature of those crimes.
For example, the language used in the crime of ‘maintaining a sexual relationship with a young person’ in no way reflects the gravity of that crime and is an additional cruelty for the victim.
Our reform will rename this crime ‘persistent sexual abuse of a child [or young person]’ to better reflect the predatory and exploitative nature of the offending.
This Bill is the product of extensive consultation with the legal and survivor communities, and is another step towards exposing the realities of child sexual abuse. Any changes to the Criminal Code Act 1924 must always be considered thoroughly and carefully and with a full understanding of its effect on the criminal law in this State.
The Tasmanian majority Liberal Government has initiated a suite of reforms since 2014, with the direct aim of protecting victims and survivors of crime, particularly the most vulnerable, and that remains my very strong focus and commitment as Attorney-General.