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The Canberra Times
The Canberra Times
Jasper Lindell

ACT government takes next step on sexual assault law reform

Attorney-General Shane Rattenbury. Picture by Karleen Minney

Evidence of prior family violence will be admissible in sexual assault trials in the ACT under new laws to be introduced to the Legislative Assembly.

Attorney-General Shane Rattenbury will on Tuesday introduce the Sexual Assault Reform Legislation Amendment Bill on Tuesday, which he said would ensure the territory's justice system met with community 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," Mr Rattenbury said.

The bill, which the government expects to pass the Assembly, would clarify young people accused of sexual offences are not presumed to get bail and self-induced intoxication cannot be considered as part of an accused person's knowledge of consent.

The reforms are the first stage of changes to come from a sexual assault prevention and response steering committee, which made 24 recommendations in December.

The report found victim-survivors in the ACT were faced with a system that failed to meet their needs and often retraumatised them through their experiences with the justice system.

Meanwhile, the opposition will be hoping a Labor backbencher crosses the floor to support a motion calling on the government to commission a review of criminal sentencing in the territory.

The opposition spokesman on police, Jeremy Hanson, said the tragic crash at the weekend in which two teenage girls were killed, highlighted the need for a review.

""How many times do we need to see serious crimes being committed by offenders out on bail before the Attorney-General acts?" Mr Hanson said.

"We see too many perpetrators out on bail committing other violent offences and this tragic event on the weekend is just yet another example that clearly shows the system is not working as it should."

Mr Hanson is due to table three petitions in the Assembly launched by Tom McLuckie, whose 20-year-old son, Matthew, was killed in a crash in May.

Labor's Marisa Paterson, a member for Murrumbidgee, has previously publicly expressed her support for Mr McLuckie's petitions and a review, splitting with the government's position that a review is unnecessary.

The Australian Federal Police Association on Monday repeated its calls for the government to commission an independent review of bail and sentencing in the ACT.

The association's president, Alex Caruana, said Mr Rattenbury had failed to protect Canberrans by not commissioning a review.

"I'm angry and frustrated at the tokenism and gaslighting being employed by the Attorney-General as a shield from any oversight of his role," Mr Caruana said.

Mr Rattenbury last week announced a new law reform and sentencing advisory council, which would be able to consider trends and practices of ACT criminal sentences.

But the Attorney-General last week repeated his rejection of the need for a review.

"A one-off sentencing review will give you a point-in-time answer, but I actually think having a group that can do sustained work and can proactively look at issues as well as reactively really puts the territory in the best position to have confidence that we are examining the issues that need to be examined," Mr Rattenbury said.

Chief Minister Andrew Barr is also expected to deliver a speech to the Assembly on Tuesday marking the halfway point of the government's term.

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