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#LetHerSpeak (also known as #LetUsSpeak) is an Australian campaign to amend evidence legislation so as to allow victims of sex crimes to be publicly identified if they choose. The campaign was founded in November 2018 by journalist Nina Funnell with support from End Rape on Campus (EROC), News Corp Australia and Sydney law firm Marque. It focuses on changes to the law in Tasmania, Victoria and the Northern Territory. As of 2021, the parliaments of Tasmania and the Northern Territory had amended their laws accordingly.
Catalyst for campaign
In 2017, anti-feminist social commentator Bettina Arndt interviewed sex offender Nicolaas Bester for her YouTube channel about attempts to bar him from postgraduate study at the University of Tasmania.[1] Although Arndt condemned Bester's crimes in the video, her decision to interview him, and many of her comments, were widely criticised. His victim, Grace Tame, told ABC News that "Not only is the interview disturbing because it gives a platform to a paedophile. It's not a truthful interview".[2]
The interview also exposed a flaw in Tasmania's Evidence Act 2001. At the time, Section 194K of the Act prevented media outlets from publishing the name, image or "any other reference or allusions likely to lead to the identification of" a victim of a sexual offence without first seeking a court order. While this provision was intended to protect the privacy of victims, it had the perverse effect of allowing perpetrators to speak publicly while placing hurdles in the way of victims who wanted to do the same. In responding to the interview in 2017, Tame could only be quoted as "Jane Doe".[3][4]
Enlisting the help of the End Rape on Campus (EROC) campaign, journalist Nina Funnell and the publisher of the city's main newspaper, Tame sought a court order under s. 194K allowing her name to be published. Only two victims had previously won such orders in Tasmania, among them Beyond Abuse founder Steve Fisher. Although ultimately successful, the process was difficult, all the more so since by then Tame was living in the United States. The complexity of the process, Funnell later wrote, "exacerbated pre-existing feelings of powerlessness and injustice". Tame observed that “Journalists, commentators, and even my perpetrator have all been able to publicly discuss my case. I’m the only one who is not allowed to. It’s not just illogical, it’s cruel.”[5]
“Journalists, commentators, and even my perpetrator have all been able to publicly discuss my case. I’m the only one who is not allowed to. It’s not just illogical, it’s cruel.” – Grace Tame, 2018[5]
The Supreme Court of Tasmania granted Tame's application in August 2019 after two years and $10,000 in legal costs.[6][7] She appeared on the front page of the Hobart Mercury on 12 August above the headline "My name is Grace Tame and I am Jane Doe".[7]
Campaign
Similar legal provisions were on the statute-books in Victoria and the Northern Territory. Across the three jurisdictions, Funnell was able to make contact with more than a dozen men and women, victims of abuse who wanted to tell their stories but were forced by existing laws to remain anonymous. The journalist worked with EROC, News Corp and Sydney law firm Marque to establish a law-reform campaign known as #LetHerSpeak. #LetHerSpeak launched in November 2018 and attracted support from celebrities worldwide including Alyssa Milano, Tara Moss and John Cleese, as well as leaders of the MeToo movement. Tame's story, along with those of Victorian woman Jaime-Lee Page and others, featured prominently in the campaign.
#LetHerSpeak ultimately provided legal support to 17 women in gaining similar court orders, and led to amendments to the law in Tasmania and the Northern Territory.
External links
References
- ^ Shine, Rhiannon (2017-05-16). "University students petition against sex offender Nicolaas Bester's presence on campus". Australian Broadcasting Corporation. Retrieved 2021-03-31.
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: CS1 maint: url-status (link) - ^ Knowles, Lorna (2020-02-08). "Rape survivor urges Governor-General to cancel Bettina Arndt's Australia Day award". Australian Broadcasting Corporation. Retrieved 2021-03-31.
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: CS1 maint: url-status (link) - ^ Funnell, Nina (2018-11-13). "Teacher jailed for molesting and sexually assaulting a 15-year-old said it was 'awesome'". News.com.au. Retrieved 2021-03-31.
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: CS1 maint: url-status (link) - ^ Langdon, Allison (2018-11-12). "60 Minutes #LetHerSpeak: 'The only person this archaic law protects is the perpetrator'". Nine News. Retrieved 2021-03-31.
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: CS1 maint: url-status (link) - ^ a b Funnell, Nina (2019). Section 194K of Evidence Act 2001: a submission by End Rape on Campus Australia and Marque Lawyers (PDF). Sydney. pp. 4–7.
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: CS1 maint: location missing publisher (link) - ^ Martin, Lisa (12 August 2019). "Grace Tame: Tasmanian survivor of sexual assault wins the right to tell her story". The Guardian. Retrieved 26 January 2021.
- ^ a b "My name is Grace Tame and I am Jane Doe". The Mercury. 2019-08-12. p. 1.
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