000 02951nab a22002897a 4500
999 _c8118
_d8118
005 20250625151635.0
008 230419s2022 -nz|| |||| 00| 0 eng d
040 _aAFVC
100 _aHigh, Anna
_910386
245 _aConstraints on sexual offence complainants
_cAnna High
260 _bNew Zealand Law Society,
_c2022
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
650 _aCRIMINAL JUSTICE
_9167
650 _aEVIDENCE
_9237
650 _aLAW REFORM
_9338
650 _aPRIVACY
_9461
650 4 _aSEXUAL VIOLENCE
_9531
650 0 _aVICTIMS OF SEXUAL VIOLENCE
_96716
650 _aVICTIM/SURVIVORS' VOICES
_99763
651 4 _aNEW ZEALAND
_92588
773 0 _tNew Zealand Law Journal, 2022(5): 144-5, 177
830 _aNew Zealand Law Journal
_94723
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
942 _2ddc
_cARTICLE