Sexual consent laws could be strengthened in Queensland and an education campaign launched to dispel rape myths for female victim-survivors of sexual assault, following recommendations from the Women's Safety and Justice Taskforce.
Taskforce chair Margaret McMurdo handed down the second Hear Her Voice report to Attorney-General Shannon Fentiman this morning, making 188 recommendations to the Queensland government.
She said her team had listened and acted on the voices of 252 survivors over the past 16 months.
"They told us that rape myths made them feel blamed and shamed, and that this added to their trauma," she said.
"They want changes to the law about sexual assault so the focus is on the actions of the accused person, not what the victim said, did, drank or wore."
One woman who made a submission said she was made to feel she was a perpetrator rather than a victim.
"At no point was I treated with any respect, dignity, compassion or kindness. All the current justice system does is re-traumatise rape victims."
Queensland could see affirmative consent laws introduced
The taskforce recommended that Queensland laws be amended to adopt affirmative consent, to bring Queensland into line with other Australian jurisdictions.
Explaining it further, Ms Fentiman said the taskforce recommended the wording of consent laws should be changed from "consent should be freely and voluntarily given" to "freely and voluntarily agreed to".
Ms Fentiman said another key recommendation was the ability to name sexual offenders.
"Like most charges now, perpetrators can be named but when it comes to sexual assault and rape they can't be, the taskforce says it's time to change that," Ms Fentiman said.
Of the taskforce recommendations, 92 aim to improve the experience of women and girls after sexual assault, while taking care not to compromise accused persons' right to a fair trial.
"Overwhelmingly, victim-survivors wanted the stigma attached to acknowledging and confronting sexual assault removed," Ms McMurdo said.
"Knowing that they will be supported — not shunned, is the first step towards victim-survivors feeling safe enough to report sexual assault."
Some of the key recommendations include:
- A broad community awareness and education campaign about sexual consent and to dispel rape myths, with targeted messages for particular communities
- Changes within the Queensland Police Service to encourage victims to report sexual violence and reduce the number of reports withdrawn
- Changes to the definition of consent and the excuse of mistake of fact
- Training for police, law students, lawyers, and judicial officers on gendered issues such as best practice in interviewing First Nations women and girls and the impact of trauma and abuse on offending behaviour
- Limiting the time women and girls can be held in watch houses
A system made by men, for men
The report made 84 recommendations to improve the criminal justice system for women and girls who are accused or convicted of an offence.
"They do not focus on the needs of women, whether as victims or offenders."
Although women commit far fewer offences than men, in the last decade the number of female offenders has grown by over 30 per cent, almost four times the male-offender growth rate.
"The community would be shocked to know that most women are in custody for less than six months for often minor offences," Ms McMurdo said.
"That is long enough for them to lose their housing and employment and for their children to be forced to live with others, or even to be placed in care."
The taskforce also recommended decriminalising sex work, which is currently only legal in Queensland in licensed brothels and as a sole trader working alone.
Queensland sex worker Janelle said the current laws make her work more dangerous and criminalise "safety strategies".
"Almost everything we do is criminalised as sex workers," she said.
"Even working from the same location or same hotel is criminalised."
Janelle said current laws only allow 20 "boutique" brothels around the state and "every other sex work business is criminalised".
"I can't even drive a co-worker to a booking," she said.
"If we experience a crime or sexual violence, it is very difficult for me as a sex worker to report that.
"The laws get in the way of our safety and effectively mean we have no access to justice.
In August of last year, Ms Fentiman referred the state's sex work legislation to the Queensland Law Reform Commission, stating the majority of sex work in Queensland happened illegally and a proper regulatory framework was needed to keep sex workers and the community safe.
'It felt like I was being sexually assaulted'
Another woman who made a submission said she was born into a violent drug-and-alcohol-addicted family but the justice system did little to help.
"On my first day at prison I was strip searched, and this happened numerous times within my imprisonment," she said.
"The process of strip searching and urine testing is traumatic, I felt violated. I did not want people to see my body, but I was made to do it.
"How much lower can you be made to feel?"
Premier Annastacia Palaszczuk said the report was a national first.
"I want to pay special tribute to the 700 people who made submissions to the report it is, I believe, the most comprehensive report of its kind ever to be undertaken in Australia," Ms Palaszczuk said.
"The report has only just been handed to government. We have not read the report yet. But we will be considering that in cabinet in the very near future.
