Back in February, the Victorian government passed changes to the Judicial Proceeding Reports Act which was set to protect the privacy and safety of survivors of sexual assault who do not want to be identified. However, the Act, also known as gag laws, has also stripped survivors of their right to share their story even if they consent to do so. Should victims break this law, they are faced with a fine of up to $3300 and risk potential jail time. Women’s rights activist Nina Funnell launched the #LetUsSpeak campaign in Victoria, to give victims of sexual violence the voice they deserve.
When the #MeToo movement was launched over 10 years ago, revolutionary change occurred. Women and men around the world began to break down taboos around sexual assault and shared their stories of survival. At long last, justice was carried out against perpetrators that had been committing sexual offences. Although there’s still a long way to go, we have made such tremendous progress which has enabled victims to more willingly come forward and receive justice. Now, survivors are being criminalised for speaking up which deters victims from coming forward in the first place. Now in Victoria, there is one instance where survivors can openly speak about their assault, if they obtain a court order. This is by no means easy to attain, it could cost around $10,000 in legal fees, not every victim is eligible to receive one, and not every application is approved. This means that victims must endure a whole other legal process, which may drag on for months, only to be told their story will never be their own to tell.
Having to go through sexual assault is obviously traumatising, but the legal proceedings following the incident are never a walk in the park. Victims stories are picked apart and scrutinised in front of an entire courtroom, this is something that a victim doesn’t consent to by the way but has to endure if they want some form of justice. Lawyers and judges often seek out any opportunity to discredit the victim. They often roll out the typical rape apologist statements like what the victim was wearing, or if they consumed alcohol or drugs. It’s tactics like these that cause one in five sexual assault reports to be withdrawn by the victim during legal proceedings. Gag laws create another unnecessary and traumatic hoop for victims to jump through. It’s ironic that a system which is supposed to advocate for consent and prevention against sexual violence goes on to control a survivor’s freedoms. Survivors of course, have a right to keep their identity private, but everyone also has the right to have control over their own story. The changes to the Victorian Judicial Proceeding Reports Act were supposed to make coming forward to report sexual assault easier, instead restrictions have made sexual assault in Victoria more taboo than ever.
To sign a petition which aims to revoke the gag laws, click here
To donate to Nina Funnell’s Go Fund Me, supporting survivors to obtain a court order to share their story, click here