Constraints on sexual offence complainants (Record no. 8118)
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fixed length control field | 02951nab a22002897a 4500 |
005 - DATE AND TIME OF LATEST TRANSACTION | |
control field | 20250625151635.0 |
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
fixed length control field | 230419s2022 -nz|| |||| 00| 0 eng d |
040 ## - CATALOGING SOURCE | |
Original cataloging agency | AFVC |
100 ## - MAIN ENTRY--PERSONAL NAME | |
Personal name | High, Anna |
9 (RLIN) | 10386 |
245 ## - TITLE STATEMENT | |
Title | Constraints on sexual offence complainants |
Statement of responsibility, etc | Anna High |
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) | |
Name of publisher, distributor, etc | New Zealand Law Society, |
Date of publication, distribution, etc | 2022 |
500 ## - GENERAL NOTE | |
General note | New Zealand Law Journal, 2022 (5): 144-5, 177 |
520 ## - SUMMARY, ETC. | |
Summary, etc | Anonymity laws, designed to protect victims of sexual violence by automatically suppressing their identity, may also serve to unduly constrain those who want to publicly identify as survivors. This effect has been decried by some survivor advocates as a perverse “victim’s gag” and has been subject to increased scrutiny in recent years. In Australia, the “Let Her Speak” and “Let Us Speak” campaigns in the jurisdictions of Victoria, Tasmania, and the Northern Territory were launched in 2018 and have resulted in significant reforms to complainant anonymity laws. The issue has more recently been in the spotlight in Canada, where last year news broke that an Ontario survivor had been fined $2,600 for inadvertently violating a ban on publishing her own identity (Lisa Taylor “Canada must Change the Law that Bans Sexual Assault Survivors from Revealing their Own Identities” (27 April 2021) in The Conversation. <br/><br/>Sexual violence offences are recognised by our criminal justice system as unique in nature. Debates on sexual violence complainant name suppression have frequently focused on the tension between complainant privacy, as a protective measure justified by that unique nature, and the principle of open justice. In this article, my focus is on another tension — between complainant privacy, as a protective measure, and complainant autonomy and agency. Specifically, I suggest that the vision of Te Aorerekura, Aotearoa’s National Strategy to Eliminate Family and Sexual Violence (New Zealand Government, December 2021), demands a rethinking of the legal constraints placed on sexual offence complainants. Such a rethink is required by the Strategy’s understanding of sexual offending as a disempowering transgression against mana, and the related guiding principles of mana motuhake, autonomy, and agency. (From the introduction). Record #8118<br/> |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | ATTITUDES |
9 (RLIN) | 70 |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | CRIMINAL JUSTICE |
9 (RLIN) | 167 |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | EVIDENCE |
9 (RLIN) | 237 |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | LAW REFORM |
9 (RLIN) | 338 |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | PRIVACY |
9 (RLIN) | 461 |
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | SEXUAL VIOLENCE |
9 (RLIN) | 531 |
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | VICTIMS OF SEXUAL VIOLENCE |
9 (RLIN) | 6716 |
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
Topical term or geographic name as entry element | VICTIM/SURVIVORS' VOICES |
9 (RLIN) | 9763 |
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME | |
Geographic name | NEW ZEALAND |
9 (RLIN) | 2588 |
773 0# - HOST ITEM ENTRY | |
Title | New Zealand Law Journal, 2022(5): 144-5, 177 |
830 ## - SERIES ADDED ENTRY--UNIFORM TITLE | |
Uniform title | New Zealand Law Journal |
9 (RLIN) | 4723 |
856 ## - ELECTRONIC LOCATION AND ACCESS | |
Uniform Resource Identifier | <a href="https://theconversation.com/canada-must-change-the-law-that-bans-sexual-assault-survivors-from-revealing-their-own-identities-159305">https://theconversation.com/canada-must-change-the-law-that-bans-sexual-assault-survivors-from-revealing-their-own-identities-159305</a> |
Public note | Read related article on Canadian law, The Conversation, 27/4/2021 |
942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
Source of classification or shelving scheme | Dewey Decimal Classification |
Koha item type | Journal article |
No items available.