000 | 02951nab a22002897a 4500 | ||
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999 |
_c8118 _d8118 |
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005 | 20250625151635.0 | ||
008 | 230419s2022 -nz|| |||| 00| 0 eng d | ||
040 | _aAFVC | ||
100 |
_aHigh, Anna _910386 |
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245 |
_aConstraints on sexual offence complainants _cAnna High |
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260 |
_bNew Zealand Law Society, _c2022 |
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500 | _aNew Zealand Law Journal, 2022 (5): 144-5, 177 | ||
520 | _aAnonymity 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. 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 | ||
650 |
_aATTITUDES _970 |
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650 |
_aCRIMINAL JUSTICE _9167 |
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650 |
_aEVIDENCE _9237 |
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650 |
_aLAW REFORM _9338 |
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650 |
_aPRIVACY _9461 |
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650 | 4 |
_aSEXUAL VIOLENCE _9531 |
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650 | 0 |
_aVICTIMS OF SEXUAL VIOLENCE _96716 |
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650 |
_aVICTIM/SURVIVORS' VOICES _99763 |
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651 | 4 |
_aNEW ZEALAND _92588 |
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773 | 0 | _tNew Zealand Law Journal, 2022(5): 144-5, 177 | |
830 |
_aNew Zealand Law Journal _94723 |
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856 |
_uhttps://theconversation.com/canada-must-change-the-law-that-bans-sexual-assault-survivors-from-revealing-their-own-identities-159305 _zRead related article on Canadian law, The Conversation, 27/4/2021 |
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942 |
_2ddc _cARTICLE |