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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-03-04 Daily Xml
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CRIMINAL LAW CONSOLIDATION (RAPE AND SEXUAL OFFENCES) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 26 February 2008. Page 1761.)

The Hon. R.P. WORTLEY (17:23): I stand today to speak in support of this bill. As my colleague the Minister for Police has indicated, the objective of the bill, complemented by parts of the Statutes Amendment (Evidence and Procedure) Bill, is twofold. First, it is intended to reduce sexual violence; and, secondly, it is intended to encourage the reporting of these crimes. The amendments aim to fulfil these intentions through a number of provisions which more clearly delineate the parameters between what is lawful and unlawful sexual behaviour.

They aim to fulfil these intentions by expanding the meaning of 'reckless indifference' in order to reflect contemporary standards of acceptable behaviour in sexual matters. This expanded meaning will be applied to all relevant sexual offences, not only rape, in division 11 of the act. The amendments aim to fulfil these intentions by making sure that the courts direct juries in a manner that does not support obsolete views about responses to sexual violence and its circumstances. They aim to fulfil these intentions by making an exception to the rules of joinder and severance of counts in sexual offences cases. I unequivocally support these objectives.

Every person present in this place knows, either directly or indirectly, the many impacts of crimes of sexual violence on victims and their families. I will not attempt to describe these today. However, I will refer briefly to a recent report which will be of some value to members in considering the bill. The Australian Bureau of Statistics released its 'Australian Social Trends' article on interpersonal violence in August 2007. It applies to the 12 months prior to 2006. It reads, in part, as follows:

...46,700 (or 0.6 per cent) of men and 126,100 (or 1.6 per cent) of women had experienced sexual violence. Most of these men and women were sexually assaulted (0.6 per cent of all men and 1.3 per cent of all women). Women were most likely to be sexually assaulted by someone known to them (89 per cent), with 29 per cent of...victims...reporting that the perpetrator was a current or previous partner, and 39 per cent a family member or friend...65 per cent of men physically assaulted by a male perpetrator said that the incident was not reported to the police (by them or anyone else). A similar proportion of women (64 per cent) said that the police were not told. In contrast, significantly more women (81 per cent) said that their sexual assault was not reported to the police.

The research I have discussed simply reinforces, in my view, anecdotal and personal evidence of which we are all aware—that is, the victims of sexual violence are less likely to report it. It is on the issue of reportage that I wish to focus in finalising my remarks today.

Sexual violence is inflicted on women, men and children to secure power and control. It is an attack on the integrity of the victim's body and on the victim's self-determination and autonomy. It is little wonder then that victims are reluctant to report. They may feel that they will not be believed by family and friends or by the police. They may be under threat of violence if they disclose; they may often be ashamed or feel at fault for the assault and, in some cases, may even risk punishment or rejection by their families. They may feel reluctant to submit to the various physical and psychological examinations and cross-examinations that follow a crime of this nature (sometimes for years) should the matter go to court.

In publishing their findings, the ABS and similar agencies can only work with reported matters. It is abundantly clear that there are many more victims of sexual violence whose voices, for multiple and complex reasons, have not been heard. I believe that any improvements to legislation that we, as members of the council, can bring about to assist victims must be seriously considered and action taken accordingly.

The government has listened to those who have suffered sexual violence and has drafted legislation that aims to further protect their interests. I commend the bill.

Debate adjourned on motion of Hon. T.J. Stephens.

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