'A disgrace... protecting paedophiles and rapists': Outrage at Daniel Andrews' '18th century' law that could see sexual assault SURVIVORS fined and jailed for telling their stories

  • Many Victorian rape and sex assault victims can't chose to identify themselves 
  • Survivors could be jailed for four months or face $3,000 fines for speaking out 
  • Campaigners say the law 'protects the identity of convicted sex offenders' 
  • Victorian Opposition tells Daily Mail Australia the law needs to be changed 
  • #LetUsSpeak campaign was launched on Wednesday challenging the law
  • Do you know more? Contact tips@mailonline.com 

Child protection advocates and opposition politicians have slammed Daniel Andrews over recent law changes that punish sex abuse victims who speak out about their ordeals.

Under laws passed in February, Victorian rape and sexual assault victims cannot chose to identify themselves publicly - such as in media reports or even autobiographies - unless they get permission from a court.

Survivors could be jailed for up to four months or face $3,000 fines for telling their stories using their real names without a court order, which could cost them at least $10,000 to obtain.

Child protection advocates have slammed Daniel Andrews (pictured) over recent law changes that punish sex abuse victims for speaking out without permission

Child protection advocates have slammed Daniel Andrews (pictured) over recent law changes that punish sex abuse victims for speaking out without permission

The founder of child protection organisation Bravehearts, Hetty Johnston (pictured), said the law 'protects the identity of convicted sex offenders while ignoring the victims'

The founder of child protection organisation Bravehearts, Hetty Johnston (pictured), said the law 'protects the identity of convicted sex offenders while ignoring the victims'

As a movement to change the law kicked off this week, campaigners told Daily Mail Australia that the Victorian law protects rapists and abusers at the expense of victims.

The founder of child protection organisation Bravehearts, Hetty Johnston, said the law 'protects the identity of convicted sex offenders while ignoring the innocent victims'.

'I have spent 24 years fighting for sexual assault victims to be heard and then this draconian government comes and changes the law,' she said.

'We need to end the culture of silence but they have taken us back to the 18th century. It's a disgrace.' 

Attorney-general Jill Hennesy (pictured) has ordered an urgent review and is considered changing the law

Attorney-general Jill Hennesy (pictured) has ordered an urgent review and is considered changing the law

Ms Johnston said the Victorian government had silenced victims who want to tell their stories to empower others who may also be facing abuse. 

'There's no excuse for protecting the accused at the expense of the victims,' she said.

'Silence has aided and abetted paedophiles and survivors are committing suicide. 

'Who does this government think they are that they can silence people? 

'I hope Daniel Andrews and his cronies know that we're not going anywhere. This is not going to stand it's a travesty.' 

WHY WAS THE LAW CHANGED?

The Open Courts and Other Acts Amendment Act 2019, which commenced in February this year, allowed victims of sexual or family violence to apply to courts to lift bans on publishing material that would reveal their identity. 

Before the 2019 amendments, victims did not have a clear mechanism to seek the removal of court orders protecting their identity, which caused uncertainty for those who wished to speak openly about their experiences. 

But the consequence is that it is now an offence to speak out without court permission - even if the victim consents - in cases where the offender is guilty or proceedings are ongoing.

A spokesman for Daniel Andrews referred Daily Mail Australia to Attorney-general Jill Hennesy.

She said: '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. 

'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'.

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When Victoria began the process of changing the law in 2018, the attorney general said victims will 'be empowered to share their stories under a new process enabling courts to lift bans on publishing a victim's identity.'  

But shadow attorney general Edward O'Donohue told Daily Mail Australia that the laws are not working and may need to be changed. 

'The Liberal Nationals have long advocated for greater transparency in the operation of the justice system,' he said. 

'Attorney-general Jill Hennessy needs to explain to the community why the legislation is not working to support victims as promised.' 

Ms Hennessy said in a statement that she has ordered an urgent review and is considered changing the law.

'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,' she said.  

The new law applies retrospectively, meaning victims who have lawfully spoken out previously are now censored from speaking out publicly. 

The law protects the identity of convicted sex offenders while ignoring the innocent victims 
Bravehearts founder Hetty Johnston

Media outlets who defy the law can also be prosecuted and face fines of up to $8,000. 

The only way for victims to identify themselves and tell their stories is to obtain a court order - which is not only time consuming, but would cost more than $10,000 in legal fees.  

Dr Rachael Burgin, lecturer in the Swinburne Law School, described the change in the law as a 'major victory' for convicted paedophiles and rapists. 

She said thousands of survivors will now find they cannot tell their stories. 

Not only can victims no longer use their real names, they cannot provide any identifying features such as photos in publications such as memoirs and autobiographies unless they get a court order.

'There is no way that I would just have $10,000 sitting around to pay to do this. (I'd) be taking money away from (my) family,' Maggie*, an adult survivor of child rape told news.com.au.         

Changes to the Judicial Proceedings Reports Act were quietly introduced in February. Pictured: The Supreme Court of Victoria

Changes to the Judicial Proceedings Reports Act were quietly introduced in February. Pictured: The Supreme Court of Victoria

Sexual assault survivors are now fighting for their right to share their stories, with the #LetUsSpeak campaign launched on Wednesday.  

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 is calling on the government to reform the law. 

Melbourne mother Maggie, 44, was raped from age eight by her father, who also sexually abused her older step sister Kate*. 

When Maggie was 17, he was arrested and charged with rape and gross indecency as well as multiple counts of bestiality, after Kate reported her abuse to police.  

In May 1997, four days before the trial was set to begin, he shot Kate dead at work after tracking her down using a private investigator.    

A recent Victorian law criminalises sexual assault survivors from speaking out

A recent Victorian law criminalises sexual assault survivors from speaking out

He was sent to prison the following year, after pleading guilty to murder in exchange for the sexual offences being dropped.  

With his parole eligibility date looming, Maggie decided to come forward, resulting in her father receiving a nine-year jail sentence for multiple counts of incest and rape against her.   

In March this year, the Supreme Court of Appeal slashed his sentence for the crimes against Maggie and ruled he could serve them concurrently with his murder sentence, leaving him eligible for parole in June 2022. 

'I'm now a mother of three beautiful children and I wouldn't want him out in any community. I'm not just scared for my children. I'm scared for all children. I also have to be the voice for my sister too. She never got justice for the sexual abuse she experienced either,' Maggie said. 

Maggie contacted Australian media outlets to draw attention to the lenient sentences given to paedophilles, only to learn of the new law that makes it a crime for the media to publish her name, or her father's, as it could indirectly identify her.  

'My sister was murdered for trying to tell her story and now I'm stopped from telling mine. He has all the power again. It has to change,' Maggie said. 

Victorian Attorney-General, Jill Hennessy has written to Maggie and other members of the #LetUsSpeak campaign to say she is 'very sorry' to hear of their experiences.

She has requested the Department of Justice and Community Safety look into the cases. 

A GoFundMe page has been set up to cover the court costs of survivors battling to overturn the gag law. 

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

*Names changed for legal reasons. 

Melbourne mother Maggie*, 44, was raped by her father as a child. She is now fighting for the right to identify herself and her attacker (stock image)

Melbourne mother Maggie*, 44, was raped by her father as a child. She is now fighting for the right to identify herself and her attacker (stock image)

Fury over law that could throw rape survivors in Victoria into jail

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