Victoria's 'Gag Law' Means Sexual Assault Survivors Have Lost The Legal Right To Tell Their Stories
This is disturbing! I am co-writing a book with a survivor from the Melbourne area, that is close to completion. Will we be able to publish it? What madness is this anyway?
by Grace Back
Marie Claire
The state of Victoria has passed a new law that legally bans all sexual assault survivors from speaking out using their real names in cases where the offender has been found guilty - meaning tens of thousands of survivors have lost the legal rights to share their stories. The 'Gag Law' also limits survivors advocating for change, and in turn, protects convicted pedophiles and rapists.
The new changes to the Judicial Proceedings Reports Act, which were quietly introduced in February, apply regardless of whether the victim consents to be named, while also silencing many survivors who have lawfully been able to tell their stories in public in the past. Those found guilty of breaking these new laws could face jail time, and fines in excess of $8,000.
Now, the only way for a survivor to speak out in public is to take the matter to court and obtain a court order - a process which survivors would have to take on themselves.
Creator of the #LetHerSpeak campaign, Nina Funnell, has since started a GoFundMe to fund court orders allowing three survivors to legally share their stories under their own names.
"The Ballarat survivors, victims of clergy abuse, and other public survivor advocates are among those who have lost the right to speak and could now face contempt of court if they continue their campaigns or media work," Funnell says via the fundraising page. "As a result of the new laws, these survivors and others are now being forced to return to court at their own expense and inconvenience, to obtain court orders to speak publicly about their cases. This can and is costing survivors thousands of dollars."
The Let Her Speak campaign was founded by Funnell - a survivor of sexual assault and journalist - in 2018, to overturn similar sexual assault victim gag-laws in Tasmania and the Northern Territory.
Those laws were preventing survivors from "courageously sharing their stories," as Funnell says, and the campaign lead to landmark reforms being introduced in both states, allowing survivors to legally speak out.
The new campaign, #LetUsSpeakVictoria, is insisting the Victorian Government amend these new laws and allow all survivors of sexual assault and abuse the option to waive their right to anonymity - if they choose - and speak out about their experiences.
Funnell brings to light three stories of sexual assault survivors, under names that are not their own.
The first, Maggie, who was raped and abused by her father from the age of eight. He later murdered Maggie's step-sister, which is when she revealed to police that she, too, had been molested. He has since been found guilty of both sexual assault and murder but may soon have the opportunity for parole. According to Funnell, Maggie wants to speak out to warn the community, while also honouring her sister's memory. Something she could be both jailed and fined for.
A second woman, Melissa, a rape survivor and disability advocate was raped by her carer. She wants a court order so she can continue her advocacy work - under her real name.
The third survivor, a male, was sexually abused by Australia's most notorious paedophile, Gerald Risdale. While he has spoken out in the past, he is now prevented from continuing his advocacy work that is crucial to helping other survivors. Funnell shares this survivor has also been working on a book, which would not be permitted to go ahead without a court order.
"There is power in survivors sharing their stories in their own names - it shifts shame and it shifts blame from the survivor to the offender," Funnell says. "And it empowers others to come forward.
Telling one's story can be an extremely important part of bringing healing to the heart of badly wounded survivors. What possible benefit could there be for this law that protects rapists and paedophiles at the expense of their victims.
Victoria, this is a giant leap backward in dealing with child sexual abuse. You should be ashamed for passing this law.
"Together, let’s fight to give all Victorian survivors their voices back."
California Legislature Passes Bill Reducing Penalties
for Oral, Anal Sex with Willing Children
San Francisco District 8 Supervisor Scott Weiner (R) looks on as celebrations ensue in the Castro neighborhood of San Francisco, California, June 26, 2012, after the US Supreme Court struck down The Defense of Marriage Act (DOMA), and declared that same-sex couples who are legally married deserve equal rights to …Josh Edelson/AFP via Getty Images
DR. SUSAN BERRY, Breitbart
California lawmakers passed a bill Monday that would reduce penalties for adults who have oral or anal sex with a willing minor child if the sex offender is within ten years of the age of the victim.
The bill now heads to the desk of Gov. Gavin Newsom (D).
According to SB 145, the legislation “would exempt from mandatory registration” as a sex offender “a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register.”
The measure would allow a judge to decide if an adult who engages in oral or anal sex with a child must register as a sex offender if that person is within ten years of the age of the victim.
In January 2019, the San Francisco Examiner reported on the introduction of the bill by State Sen. Scott Wiener (D), who claimed the current law, which states oral and anal sex between an adult within ten years of the age of a willing minor requires the adult to be registered as a sex offender, discriminates against LGBT individuals.
The bill would put an end to “blatant discrimination against young LGBT people engaged in consensual activity,” Wiener said:
This bill is about treating everyone equally under the law. Discrimination against LGBT people is simply not the California way. These laws were put in place during a more conservative and anti-LGBT time in California’s history. They have ruined people’s lives and made it harder for them to get jobs, secure housing, and live productive lives. It is time we update these laws and treat everyone equally.
Is there a minimum age limit? There seems to be an assumption that children can consent to sex. I thought we decided that was not the case? Can a 20 y/o have consensual sex with an 11 y/o?
Currently in California, judges may decide whether adults who have “penile-vaginal intercourse” with minors close to their age must register as a sex offender.
I am pretty sure that 9.9 years is not close to their age. Consequently, this is preferred status for gays and lesbians, and another great injustice for children. It's children who never seem to be considered in these laws for LGBTQ2SI rights.
Wiener said the current law targets LGBT individuals because they do not engage in penile-vaginal intercourse. “This is such horrific homophobia,” Wiener said, according to the San Francisco Chronicle. “It’s irrational, and it ruins people’s lives.”
The Chronicle‘s report stated that, in 1975, California decriminalized oral and anal sex between consenting adults, but adults who engaged in these practices with minors were treated as sex offenders.
Appropriately!
In a tweet, Wiener urged his followers to read an Associated Press “fact check” story about the controversial bill that minimizes its impact with the headline, “Bill Would Not Legalize Pedophilia in California.”
“The bill is the subject of a massive misinformation campaign by MAGA/QAnon,” Wiener posted.
I think Sacramento is too close to San Francisco, they should move it to..... Oh, never mind.
Local Organizations Predict That Abuse Cases Not Being Reported Because Teachers Can’t Notice Warning Signs
The severity of CSA's have increased since Covid lockdown
This is a small excerpt from a much larger story you can read at The Daily Chronicle.
Chehalis, WA... Hope Alliance is a local organization that provides free and confidential advocacy services for those affected by domestic violence or sexual assault throughout Lewis County. Hope Alliance Executive Director Kris Camenzind thinks that because teachers aren’t able to notice signs of abuse at school, the number of reported cases has decreased.
“One of the things that we have noticed is a decline in child sexual assault cases that we’re working with and I think that part of the reason for that is teachers are not around, kids are being isolated at home and there aren’t other eyes on them,” she said.
Camenzind said that Lewis County has the highest number of child sexual assault cases per capita in the state. She attributes some of that to the county not having a coordinated community response to sexual abuse.
The child sexual assault cases that have been reported recently are severe, Camenzind said.
“All of our cases seem to be extreme, more so than before COVID. I’ve been doing this work for over 20 years and just when I think I’ll never hear a story that can top that one — I do. It’s really traumatizing, life-changing courses that some people are on right now,” said Camenzind.
"California lawmakers passed a bill Monday that would reduce penalties for adults who have oral or anal sex with a willing minor child if the sex offender is within ten years of the age of the victim."
ReplyDeleteThats a weird bill to get passed.
https://aab-edu.net/
I believe we are rapidly approaching Sodom. Are we ready for that?
ReplyDelete