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Feminism: Sex and gender discussions

#LetUsSpeak: Victoria blocks sexual assault victims from using real names.

23 replies

yourhairiswinterfire · 30/08/2020 12:13

www.news.com.au/lifestyle/real-life/news-life/letusspeak-victoria-blocks-sexual-assault-victims-from-using-real-names/news-story/821647419aee0cdbba5f89678c5a6a14?utm_campaign=EditorialSB&utm_source=news.com.au&utm_medium=Facebook&utm_content=SocialBakers

Sorry if this has already been posted, I had a quick look but couldn't find one.

I saw this article posted on Twitter earlier.

Sexual assault victims in Victoria aren't allowed to speak publicly about their sexual assault using their real names. If they do, they risk 4 months in prison or a $3000 fine, and any media outlets that publish their names, even if the victims WANT to speak out, could be fined too.

To claim the right to self-identify in public, they will have to go through the courts again, which could cost up to $10,000. Not all victims will be eligible to obtain a court order either.

Angry

Dr Rachael Burgin says it best in the article. “It’s appalling that we would erect yet more barriers which muzzle victims. This can only be considered a major victory for offenders.”

I'm so utterly fucked off with this. The world is going backwards.

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MarieIVanArkleStinks · 30/08/2020 12:27

I thought I was beyond reading the kind of sexist shit that made real red mist rise, as it's so ingrained and culturally 'normal' I've become almost desensitised to it. But this has made me rage like nothing else. I was a teenaged rape victim who found a voice to speak about this experience almost 3 decades later. I choose to speak about it - empowered by #MeToo amongst other things - because these abusers rely on our silence.

Seems the state of Victoria have taken the tenth rule of misogyny completely literally: 'The worst thing about male violence is that it makes men look bad'.

I know Australia has some serious problems with antediluvian chauvinism, but it's something else when victims' fundamental rights to free speech are prohibited under state legislature. How in the world do they justify or get away with this? 😭

HoneysuckIejasmine · 30/08/2020 12:35

But... Why did they bring this law in?! What motivation is there to prevent the naming of victims if they actively consent? Other than sheltering the offender of course. Hmm

yourhairiswinterfire · 30/08/2020 12:57

How in the world do they justify or get away with this?

I have no idea Mariel. This is just cruel.

If they have to hide their identity, then that's obviously protecting the abusers identity too, to avoid links being made. So they're still holding power over their victim.

I'm fucking furious about it.

I was a teenaged rape victim who found a voice to speak about this experience almost 3 decades later. I choose to speak about it - empowered by #MeToo amongst other things - because these abusers rely on our silence.

I'm so sorry you went through that. Flowers Yes, there should always be that choice to speak about it. To tell their stories. To offer help and support to others.

What a fucking world to live in, where rapists and child abusers are being protected above those they hurt.

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yourhairiswinterfire · 30/08/2020 13:03

@HoneysuckIejasmine

But... Why did they bring this law in?! What motivation is there to prevent the naming of victims if they actively consent? Other than sheltering the offender of course. Hmm
I can't think of a single reason why it's justified. They want to speak without hiding their identity, let them for God's sake. Don't make it taboo.
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InvisibleDragon · 30/08/2020 13:09

This is grim. It's similarly secretly grim in the UK too. I have wanted to speak publicly about the emotional abuse that I experienced in a relationship with my ex-partner. But I can't, because there is the potential he might sue me for libel / defamation. It makes me so angry.

Butterer · 30/08/2020 13:12

This reply has been deleted

Message withdrawn at poster's request.

DidoLamenting · 30/08/2020 13:13

@InvisibleDragon

This is grim. It's similarly secretly grim in the UK too. I have wanted to speak publicly about the emotional abuse that I experienced in a relationship with my ex-partner. But I can't, because there is the potential he might sue me for libel / defamation. It makes me so angry.
That is not the same at all. Do not conflate UK civil law with this outrageous Victorian criminal law.

What is even more odd is Tasmania and the Northern Territories repealed a similar law.

Facefullofcake · 30/08/2020 13:20

@InvisibleDragon

This is grim. It's similarly secretly grim in the UK too. I have wanted to speak publicly about the emotional abuse that I experienced in a relationship with my ex-partner. But I can't, because there is the potential he might sue me for libel / defamation. It makes me so angry.
I had a solicitor's letter seven years ago from my ex threatening to sue for defamation after I talked about my experiences of sexual assault online, without anonymising him.

Five years on, it all came up again, with a third party org he was involved in making a statement. This had the added info that multiple other women had talked about similar experiences involving him (over a period of a decade or so) and he had admitted some accountability towards his behaviour with them (not me though), and had threatened to sue me in the past.

I've not been sued yet Smile

MarieIVanArkleStinks · 30/08/2020 13:25

Hennessy said the changes were brought in because survivors previously didn’t have a clear way to navigate court bans designed to protect their identities.

This is a weaselly cop-out of some magnitude, IMO. Other nations manage easily enough. It's called waiving your right to anonymity, which is an option open to anyone who has been the victim of a sexual violation. The situation in Victoria is another matter entirely: this is a wholesale silencing of those voices to protect the men responsible. What other motivation could there be?

When people do this - whether on a sinister state-sanctioned level or on Twitter, where victims are often told to be silent, that they're lying, or that they're jumping on 'The Bandwagon' - the only question raised is what these people have to gain from keeping the situation entirely as it is. It reveals a great deal about them, and it adds insult to fucking injury for the victims.

It's a disgrace that InvisibleDragon can't speak openly about her position. I've spoken openly of my situation on Twitter, under my real identity, in the hope of helping others in a similar situation. But I can't name my rapists (there were more than one and it occurred as one incident), for the simple reason that like many other rapists they were never convicted. It would have been two people's word against one, and they humiliated me to the point that I was afraid others would find out about it, rather than them (as it should have been) feeling afraid to be held responsible.

I was told by my own father that because I never reported them, if they did this to someone else it would be my fault. The victim blaming here and elsewhere - starting from within my own household - is another reason why so many women speak out.

It does not make us any the less victims of rape, and it doesn't make the scumbags who attacked me any the less rapists. And if we're silenced, it doesn't hold out much hope that this situation will ever change for the victims of the future.

yourhairiswinterfire · 30/08/2020 13:27

Thank you Dido, I'd missed the earlier mention of this.

So they banned everyone from speaking to protect the survivors who did want to remain anonymous?

It seems like they need a better system to protect those who wish to remain anonymous (which is of course extremely important) without silencing those who don't.

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MarieIVanArkleStinks · 30/08/2020 13:27

My grammar. The above should read 'why so many women FEEL UNABLE to speak out'.

InvisibleDragon · 30/08/2020 13:30

@DidoLamenting Sorry, you're right it isn't the same - what's happening in Victoria is very bad. I didn't realise that it also applied to cases where the perpetrator has been convicted.

Sorry, the UK libel/defamation thing is a really personal topic for me, because my ex has deliberately meddled in my career and then threatened to sue me when I spoke to my bosses/HR about what was happening.

You're right that it isn't the same - but the UK libel situation can act to silence someone when there are big differences in available financial resources.

Thelnebriati · 30/08/2020 13:34

''The only people who can access the details on the Sex Offenders Register in Victoria are those with police authorisation.

Police can give anyone information from the register if they think it is appropriate. That information can’t include details that identify the registered person.''
www.gotocourt.com.au/criminal-law/vic/sex-offenders-register/

The combination of these laws give offenders anonymity and punish victims for speaking about their own lived experience.

FFSFFSFFS · 31/08/2020 20:47

Is anyone able to explain more the logic of it? I don't understand - was there a process before to stop women that this has simplified???

DidoLamenting · 31/08/2020 20:55

@FFSFFSFFS

Is anyone able to explain more the logic of it? I don't understand - was there a process before to stop women that this has simplified???
I don't understand it either. Particularly as Tasmania and the Northern Territories, repealed a similar law and it's obviously not a feature of English law, which is where Australian law came from.

Obviously laws change but this seems such an outlier from any other Western legal system.

ArabellaScott · 31/08/2020 22:19

They fucking WHAT?!

BlackWaveComing · 31/08/2020 23:44

Ironically, Victoria prides itself on being a progressive state.

yourhairiswinterfire · 31/08/2020 23:57

I'm not sure why they had to enforce a blanket ban either.

Goes without saying, protect the victims who want to remain anonymous, but I can't work out how others speaking out risks them?

Like Mariel said, other countries manage it with no problems. It is strange, and completely unfair.

It must feel completely stifling for them :(

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Thelnebriati · 31/08/2020 23:58

Is anyone able to explain more the logic of it?

Reading various statements online, authorities seem very keen that convicted offenders not be named in public, or in any way victimized as a result of their conviction.

FFSFFSFFS · 01/09/2020 08:14

Poor men - shouldn't have their lives ruined by a little mistake...

I'm genuinely surprised by this. I would hope that it would not last long and it will be changed.

SheepandCow · 01/09/2020 21:25

This will affect men too.
I remember watching the interviews a year or so ago with those brave ex footballers who spoke out about the abuse they suffered from a football coach. It encouraged other victims to come forward.

Victoria is potentially protecting child abusers.

Also, I presume the Epstein stuff wouldn't have been exposed had this law been in place in America?

yourhairiswinterfire · 01/09/2020 21:42

Also, I presume the Epstein stuff wouldn't have been exposed had this law been in place in America?

That's a very good point Sheep.

The publicity and courage of those speaking out helped others feel able to come forward, though under this law it would all be done hush hush. It's crazy.

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Apollo440 · 01/09/2020 22:17

This is an extremely bad law. I assume the intention was to prevent vexatious claims but libel laws already do that or provide remedy. This law stops anyone coming forward under penalty of criminal sanction. So if the authorities refuse to prosecute (very common) then tough luck. If you want to cover up serial abuse then this law is your friend.

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