- Published:
- Thursday 18 November 2021 at 11:00 am
The Victorian Law Reform Commission (VLRC) has recommended bold and innovative reforms to our sexual offence laws, informed by compelling evidence from victim-survivors and others who have gone through the justice system.
‘The VLRC report shows the complexity and long-term consequences of sexual violence in our community and the need for multiple pathways to address it. We support changes that can provide better accountability for people who have caused harm and healing for those who have been harmed,’ said CEO, Louise Glanville.
The VLRC's report makes 91 recommendations to achieve these goals, through early intervention, education, counselling and justice approaches that promote accountability by addressing the underlying causes of offending.
Many of its recommendations build on those contained in our 2020 submission to the review.
‘I am pleased to see the Victorian Government’s commitment to better resource the vital work of sexual assault and other support services. The testimonies in this report show how counselling and support services assist people to feel supported through the justice system, and participate in healing and rehabilitation processes,’ said Louise.
Embedding restorative justice in our system
The report shows there are clear limitations to relying solely on a criminal justice response for sexual offending, and we’re pleased to see the Commission take up our recommendation to create new restorative justice processes to supplement other criminal or civil justice options.
‘Restorative justice has the potential to provide victims with more choices, to provide a forum for truth telling and accountability and to create a justice system that is more responsive, inclusive and flexible,’ said Louise.
‘We support a phased approach to implementing restorative justice processes, which allows for active monitoring of outcomes, to ensure it is a safe and effective option for participants,’ said Ms Glanville.
We also welcome the recommendation that Victoria’s Aboriginal communities should be supported to design accredited restorative justice programs for Aboriginal people.
A system that better recognises and responds to trauma
We support the report’s call for expanded legal advocacy, to ensure victims have independent, trauma-informed and quality legal advice throughout the legal process.
The report recognises the technical complexity of sexual offence matters, and the need for a specialised, trauma-informed response.
‘We welcome the specific recommendation for ongoing trauma-informed training for lawyers, judges and anyone who assists complainants and accused people,’ said Emily Allan, Program Manager Indictable Crime.
Moves to affirmative consent must be accompanied by education
We recognise the report’s findings that there is community concern about the law of consent, and that a move to implement affirmative consent laws is in-step with and would better represent community attitudes about equality in relationships.
‘In our practice representing people with cognitive impairments or intellectual disability, we see that accessible education about sex and consent is vital, and that some people may have communication difficulties,” said Ms Allan.
‘Changes to consent laws should be accompanied by careful consultation to ensure they can be implemented effectively, and that all members of the community – particularly children – understand the law,’
‘So we welcome a recommendation for a review of respectful relationships education in all Victorian schools to ensure better understanding about consent and sexual violence,’ said Emily.
Introducing a positive duty to eliminate sexual violence in the workplace
Our practice experience representing people who have been sexually harassed at work has shown that current laws and systems are letting people down and that complaints about harassment and violence, rarely lead to meaningful change.
‘We welcome the VLRC’s recommendations to introduce a positive duty on employers to take steps to eliminate sexual harassment and sexual violence in the workplace’ said Rowan McRae, Executive Director of Civil Justice, Access and Equity.
‘We know that community and workplace education about sexual harassment and gender bias can counteract harmful attitudes that contribute to sexual harm and gendered violence,’ said Rowan.
‘As the report acknowledges, positive changes have already been made to improve the justice response to sexual harm. But much more needs to be done. We must work across systems to stop sexual violence from occurring in the first place and to make our responses fairer and more supportive of rehabilitation and healing,’ said Louise.
More information
Read our submission to the VLRC sexual offences review Embedding therapeutic and restorative responses for victims and perpetrators of sexual harm.
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