#LetHerSpeak: Tasmania to reform sex abuse media laws after survivor-led campaign

Tasmania is planning to scrap a law preventing consenting sex abuse survivors from sharing their stories in the media.

Journalist and sexual assault survivor Nina Funnell (left) spearheaded the campaign to have the laws changed.

Journalist and sexual assault survivor Nina Funnell (left) spearheaded the campaign to have the laws changed. Source: GoFundMe

This article contains references to rape and sexual assault.

Sex abuse survivors in Tasmania will finally be able to share their stories publicly, with the state planning to scrap laws banning them from naming themselves in the media.

It follows a long-running #LetHerSpeak campaign by survivors demanding the right to identify themselves in the media without having to get a court order first.

Attorney-General Elise Archer said the reforms, which will bring Tasmania into line with the other states, allow adult survivors to tell their stories publicly if they give the publication written consent.

"It's important because some victims of crime, as part of their own recovery, feel it necessary and feel that it's therapeutic as well to be able to tell their stories," she told reporters on Sunday.

Under the changes, the survivor must not have been coerced into agreeing and mustn't have a mental impairment making them incapable of exercising reasonable judgement about being named.

A new offence will also be introduced for publications that breach the law.
Elise Archer speaks at the Tasmanian Arts Policy Forum in Hobart, Wednesday, February 28, 2018
Elise Archer speaks at the Tasmanian Arts Policy Forum in Hobart, Wednesday, February 28, 2018 Source: AAP
"This has come about as a result of many victims expressing their concern that the laws don't strike the right balance in Tasmania," Ms Archer said.

Tasmanian and the Northern Territory are the only places in Australia where adult sex assault survivors can't name themselves in the media.

Mr Archer believes the island's reforms will strike the right balance between empowering survivors and protecting those who don't wish to be identified.

A woman who was abducted and gang raped at Burnie on Christmas Eve in 1993 is among those who have campaigned to change the law.

"As rape survivors, we didn't get a choice in what happened to us, but we should get a choice in what we can say about it," she said in a submission to the government earlier this year.

"Without my name or my face, it is not my story, it is just my words, and I am just another number. This is dehumanising in the extreme."

Tasmania also plans to reword the crime of "maintaining a sexual relationship with a young person" after the use of the term "relationship" was criticised as inappropriate.

"I totally understand the concern that exists around describing something as a relationship because that should be used for positive relationships, not those that involve a crime," Ms Archer said.

The state's Labor opposition says it will support the changes.

If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000. 


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Published 20 October 2019 3:32pm
Updated 20 October 2019 4:28pm


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