Wednesday the 28th of August 2024
Victorian Legislative Council

Rachel raised an adjournment matter to the Attorney-General regarding the Victorian Law Reform Commission’s 2021 Report: Improving the Justice System Response to Sexual Offences. Rachel questioned when recommendation 41 will be implemented, which would ensure justice system options for survivors of non-institutional sexual assault.

RACHEL PAYNE, Member for South-Eastern Metropolitan Melbourne: — To ask the Attorney-General: 

My adjournment matter is for the Attorney-General.

The Victorian Government should provide funding for people who wish to bring civil proceedings against a non-institutional defendant (or defendants) for sexual assault where:

a. their case raises important systemic or legal issues, or

b. they face multiple barriers to justice and their case has reasonable prospects of success.

This was recommendation 41 of the Victorian Law Reform Commission’s 2021 report Improving the Justice System Response to Sexual Offences. Civil litigation can provide an alternative to criminal justice where someone does not want to report sexual violence to police, where the police or the Director of Public Prosecutions decides not to prosecute or where a criminal trial occurs but the accused is found not guilty. We know that these experiences are common, and when it comes to reporting sexual assaults, survivors are understandably reluctant. They see it in the news and they hear it from their friends: survivors go through hell and back even to get into court, and when they do, they are often judged, ridiculed and left with nothing. With a lower standard of proof, civil litigation means a survivor is more likely to be successful. It can also help a survivor to receive damages, an acknowledgement of the violence and its impacts and a sense of closure. Beyond this it allows us to send a message that sexual violence has serious consequences and that survivors will get the justice they deserve.

Notwithstanding these benefits, civil litigation for sexual assault does have drawbacks. It is not funded by Victoria Legal Aid and can be costly, lengthy and re-traumatising. Aboriginal people, people with disabilities and LGBTIQA+ communities are more likely to experience sexual violence and are also more likely to experience barriers to accessing justice. This is why the Victorian Law Reform Commission’s recommendation is so essential, but to date this government has failed to respond to this recommendation.

So I ask: will the Attorney-General agree to recommendation 41 of the Victorian Law Reform Commission’s report and ensure access to justice for survivors of sexual assault?

Response Received, 22nd of October 2024:

I thank the member for her contribution.

The Victorian Law Reform Commission’s 2021 report made 91 recommendations in total, and the Government is carefully considering each of these, including recommendation 41. In response to the VLRC’s report, the Government has already delivered extensive reforms to protect and support survivors of sexual assault and hold perpetrators to account.

In 2022, the Government legislated major reforms to change the way sexual violence is dealt with in Victoria. These reforms included the adoption an affirmative consent model to provide better protections for victim-survivors of sexual offences, shifting the scrutiny from victim-survivors onto their perpetrators. New jury directions were also established, to address misconceptions in sexual offence trials. Stronger laws were passed to target image-based sexual abuse, which includes taking intimate videos of someone without their consent and distributing, or threatening to distribute, intimate images, including deepfake porn. The reforms also made it explicit that the practice of “stealthing” – the removal of a condom or other protection during sex without the other person’s knowledge or consent – is a crime.

Building on these important legislative reforms, in 2022 the Government committed $46.9 million to support victims of sexual violence and harm. This included $13.6 million over four years and $3.24 million ongoing to improve justice sector responses to sexual assault victims in line with the Victorian Law Reform Commission’s recommendations.

The 2024-25 budget delivers a further $211 million to support victims of family and sexual violence. This includes $9.2 million to strengthen and upskill the workforce, including staff at Sexual Assault Services Victoria and training for workforces who interact with victim survivors.

It is crucial that victims of a violent crime are able to access financial assistance and the help they need to recover from acts of violence. This is why the Government has developed the new Financial Assistance Scheme (FAS), which will commence by 1 December 2024 and replace the Victims of Crime Assistance Tribunal. The new scheme is built around the needs of victims, aims to minimise trauma, and is the most significant change for victims of crime in 50 years.

Under the new scheme, applications for financial assistance will be simplified to make the process easier to navigate for victims, with no need for a hearing or to face perpetrators. Importantly, the time limit in which victim-survivors of sexual assault or family violence can make a claim will be increased from two years to 10 years. Victims will also be able to receive a victim recognition statement that acknowledges the effects of the crime. Eligible victims may request a victim recognition meeting where they can talk about the harm caused to them and have their experience acknowledged by a scheme representative expressing their condolences on behalf of the government.

When considering an application under the scheme, the decision maker must determine on the balance of probabilities whether an act of violence occurred, regardless of the status or outcome of a related legal proceeding (including a criminal proceeding in which the accused was found not guilty). This ensures that the high standard of proof required in criminal trials does not preclude victims-survivors from applying for financial assistance under the scheme.

The Government has also delivered Victoria’s first dedicated legal service for victims of crime, the Victims Legal Service (VLS), which commenced service delivery on 14 March 2023.

The VLS is delivered in partnership through Victoria Legal Aid, Aboriginal Legal Service Providers and Community Legal Centres to provide legal information and assistance to victims of crime who are making applications to the Victims of Crime Assistance Tribunal and the Financial Assistance Scheme upon its commencement, and for restitution and compensation order matters.  

Between March 2023 and 31 July 2024, the VLS has provided information and legal advice in response to 3,746 enquiries and referred 454 victims to providers for ongoing case work. 

While these reforms represent crucial steps in stopping all forms of violence against women, I acknowledge there is still more work to be done to support victim-survivors to get the justice they deserve. The Government remains committed to ending all forms of violence against women and children and will continue to consider further legislative reforms to appropriately support victim-survivors. 

Jaclyn Symes MP
Attorney-General
Minister for Emergency Services

> Image-Based Sexual Offences – Rachel Payne
> Gendered Violence Accountability – Rachel Payne
> Gendered Violence staffing in Victoria – Rachel Payne
> Justice Legislation Amendment (Integrity, Defamation and Other Matters) Bill 2024 – Rachel Payne

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