SEXUAL ASSAULT LAWS — REFORM
97. Ms M.J. HAMMAT to the Minister for Women's Interests:
I refer to the McGowan Labor
government's commitment to ensuring that all Western Australians are
safe from sexual violence in their homes,
workplaces and communities. Can the minister outline to the house how this
government is prioritising reforms to prevent and respond to sexual
violence in Western Australia?
Ms S.F.
McGURK replied:
I thank the member for Mirrabooka
for the question.
As I have raised in this chamber and
publicly before, the reality is that this state has a significant problem when
it comes to domestic violence and sexual violence. It is an issue in our city,
in our suburbs and in our regional areas. In fact, most of us will know someone
who has been affected by this sort of violence, and that is why we, as a government,
have taken these issues very, very seriously. Of course, on the national stage,
a number of women have been very, very determined to make their point clear,
and we have seen an enormous amount of public support for their determination to get their perspectives heard, but it is
important that we understand that this is not something that happens
somewhere else; this is something that we in Western Australia, and throughout
our community, need to be concerned about everywhere, as the member for
Mirrabooka referred to in her question.
As
the Minister for Women's Interests and Minister for Prevention of
Family and Domestic Violence I am committed to making sure that we address this
as comprehensively as we can. What has characterised us as a government—I
certainly have appreciated it, and I think it has been noticed elsewhere—is
the level of cooperation that we have had across ministries and different
departments towards this effort. In a good demonstration of that, I was very
proud to stand alongside the Attorney General and the Minister for Health when
we announced the commissioning of Western Australia's first sexual
violence prevention and response strategy. This piece of work will be done
across those three areas and look at how we can not only prevent sexual
violence but also respond to it effectively. This work will guide how
government will prioritise its efforts to improve outcomes for victim survivors
of sexual violence across the areas of, as I
said, prevention, support for victims' recovery and holding
perpetrators to account.
To
complement this strategy, earlier this month the Attorney General and I announced
two major reviews into WA's sexual
assault laws. We recognise the need to modernise our laws and processes to
assist victims to get justice, and we are committed to making that
happen. First of all, the Law Reform Commission of Western Australia has been
tasked with reviewing the sexual offence laws contained in the Criminal Code
and providing advice on possible changes.
This will include consideration of the concepts of affirmative consent—something
that has recently been adopted in New South Wales; the mistake of fact
defence; and how factors like stealthing, which is removing a condom without
consent, might invalidate consent. This has been picked up in the ACT statutes.
The commission will also consider the use of special verdicts in courts, which
could be used to provide a victim with a better understanding of why a verdict
has been reached. We know that, for many victims of sexual assault, the
experience of the justice system can end up being nearly as traumatic as the
offence itself, and we know that sexual assaults often go unreported because of
that experience. The other thing the Attorney General and I announced was that
the Department of Justice, through the office of the Commissioner for Victims
of Crime, will undertake a separate project
examining the end-to-and criminal justice process for victims of sexual
offending, from reporting an offence to the release from custody of an
offender.
All these projects will together
ensure that our sexual offence laws are appropriate and that the experience of
the victims who interact with the criminal justice system is as respectful,
compassionate and empowering as possible. The state government also remains
committed to implementing the Respect@Work: National inquiry into sexual harassment in Australian workplaces report. There are 18 recommendations in that
report—12 for the state government and six that we will do jointly with the commonwealth. This builds on
the strong record of our last term of government, when we passed the
revenge porn legislation to criminalise non-consensual distribution of intimate
images. Of course, we also delivered the Family Violence Legislation Reform
Act, which gives WA the most progressive and significant law reform for family
violence.
I have had the heavy responsibility
but also the great privilege of holding the position of Minister for Women's
Interests for the last five years, and I have heard countless stories from
members of the public about harassment and assault. I am determined to bring
about a safer Western Australia, and I know my colleagues in the McGowan
government are also committed to doing that.
It is telling that, despite all the stories and media
attention on this issue, particularly over the last couple of years, I have not
been asked a single question by the opposition as Minister for Women's Interests
in the last 1 000 days. For 1 000 days I have not been asked a question as the
Minister for Women's Interests, and I think that speaks volumes.
Fifty-two per cent of WA Labor representatives in this Parliament are women.
Ms L. Mettam interjected.
The DEPUTY SPEAKER: Deputy
Leader of the Liberal Party!
Ms S.F. McGURK: We have
women at leadership levels and we have women from a diverse range of
backgrounds, but we have had no interest from the other side in asking
questions in this chamber on these important issues facing the Western Australia
community.
Several members interjected.
The DEPUTY SPEAKER: Leader
of the Opposition! Deputy Leader of the Liberal Party! Members! Leader of the
Opposition, your own member is trying to ask a question.