Victorian law sparks outrage as new bill could see rape and sexual assault survivors imprisoned for telling their stories

Sexual assault survivors launch #LetUsSpeak campaign in Victoria in bid to overturn controversial law change
Those found guilty of breaching the revised law could face up to four months in jail and fines in excess A$3000
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David Child26 August 2020

Sexual assault survivors in the Australian state of Victoria have been stripped of their legal right to tell their stories using their real names under a controversial law change.

The Judicial Proceedings Reports Act was amended in February to prohibit individuals from identifying themselves publicly if their attacker has been found guilty.

The change applies retrospectively, meaning survivors who have lawfully spoken out previously are now censored from speaking out publicly.

Those found guilty of breaching the law could face up to four months in jail and fines in excess A$3000. Media outlets who defy the law can also be prosecuted and face fines of up to A$8,000.

The only way for survivors to reclaim their right to identify themselves publicly and tell their stories is to obtain a court order - a process that could cost more than A$10,000 in legal fees.

"There is no way that I would just have ten thousand dollars sitting around to pay to do this. (I’d) be taking money away from (my) family," Maggie*, an adult survivor of child rape who wishes to be named but is prohibited from doing so, told news.com.au.

"You shouldn’t have to fight for just wanting to tell your story. I have already spent enough time in the courts,” she added.

In a bid to win back the right to share their stories, sexual assault survivors on Wednesday launched the #LetUsSpeak campaign in Victoria.

The campaign, which is a collaboration between Rape and Sexual Assault Research and Advocacy (RASARA), Marque Lawyers, End Rape On Campus Australia, and news.com.au, calls on officials to reform the law.

It was quickly picked up on by social media users, who took to Twitter to express their support for the survivors.

A GoFundMe page was meanwhile set up to help cover the court costs of the survivors battling to overturn the change in legislation.

Similar gag laws were overturned in the Northern Territory and Tasmania earlier this year as a result of the #LetUsSpeak campaign, which was founded in 2018.

However, they differed to the Victorian legislation as they were out-dated pre-existing policies.

Victorian Attorney-General Jill Hennessy said on Wednesday she acknowledged "the strength and resilience of victims who come forward and tell their stories", praising it as "an incredibly brave and difficult thing to do".

"The changes that took effect in February were about reducing barriers and improving clarity for victims who want to talk about their experiences, not about introducing new restrictions for survivors who want to go public with their story," she added in a series of posts on Twitter.

"I am aware of the concerns raised by victims and advocacy groups regarding the effect of these reforms and have asked the Department of Justice and Community Safety to urgently look at whether further changes are needed to ensure they are effective."

*Names changed for legal reasons.

If you have been affected by any of the issues covered in this article, please contact Rape Crisis by calling the organisation's National Helpline on 0808 802 9999.

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