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National

ACT government introduces bill to reform sexual violence legislation and empower victims to come forward

A suite of reforms has been proposed to strengthen the ACT's sexual violence laws, in a move the government has said will improve access to justice for survivors.

The bill was put forward on Tuesday in the ACT Legislative Assembly in response to a report prepared by the territory's Sexual Assault Prevention and Response Steering Committee last year. 

Once passed the changes would also mean that self-induced intoxication could not be used by a person accused of an offence as a belief of consent.

The bill will also allow for evidence of prior family violence between parties to be admissible in sexual violence proceedings.

And the reforms also amend the length of a personal protection order and alter bail laws for offences against victims of child sexual abuse.

It comes after the Assembly passed reforms to affirmative sexual consent laws in May this year.

Attorney-General Shane Rattenbury, who introduced the bill, said it would align the ACT's laws and justice system with current community attitudes and expectations.

"It is vital that we reduce the further traumatisation of victim-survivors when they have contact with the justice system as well as address under-reporting and barriers to accessing justice by providing consistent and clear treatment under the law," he said.

Mr Rattenbury said the steering committee's report had shown there were inequalities and inefficiencies in the way sexual assault had been reported and handled in the ACT.

"This report highlighted just how much work there is to do to deliver a justice system that works for victim-survivors," he said.

"The system must change."

System has 'overwhelmingly' failed victims

Mr Rattenbury said a primary goal of the bill was to ensure victim-survivors did not suffer ongoing trauma as they dealt with the justice system.

"The justice system in particular was not meeting their needs, and the government is determined to make sure that the justice system is more responsive to their needs," he said.

He said it was hoped the new laws would mean victim-survivors felt more confident in coming forward.

"So that issues of evidence giving, appearances in court, the nature of personal protection orders — all of these things are better set up for victim-survivors to feel that they will be treated with respect," he said.

Victims of Crime Commissioner Heidi Yates said she welcomed the reforms.

She said the initial report upon which the reforms were based had been prepared after hundreds of hours of collaboration between frontline workers, victim-survivors, community groups, police and the government.

She said the report found "overwhelmingly, that our criminal justice system is failing survivors of sexual violence".

"These reforms take some important steps towards ensuring that the best evidence is before the court in sexual offence cases and that we better protect the safety of victim-survivors," Ms Yates said.

She said the ACT was not performing well when it came to ensuring perpetrators of sexual violence received suitable penalties.

"For example, the ACT's penalty regime is such that someone found guilty of sexual offending in Canberra is less likely to spend time in prison and if they do, to spend less time there," she said.

"I encourage the government to look at how we can lead this country in better responses to sexual violence by learning from our state and territory counterparts."

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