Constraints on sexual offence complainants (Record no. 8118)

MARC details
000 -LEADER
fixed length control field 02951nab a22002897a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
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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

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