XN000022-1980-06-11 — Page 5

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WEDNESDAY, JUNE 11, 1980

RAPE VICTIMS PROTECTED FROM PUBLICITY

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THE CRIMES (AMENDMENT) BILL 1980, WHICH PROTECTS VICTIMS OF RAPE AND INDECENT ASSAULT FROM PUBLICITY FROM THE TIME THEY MAKE A POLICE REPORT, WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY.

MOVING THE SECOND READING OF THE BILL, THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS EXPLAINED THAT AS THE LAW STOOD AT PRESENT, THE PROHIBITION ON PUBLICITY DID NOT OPERATE UNLESS AND UNTIL A PROSECUTION FOR THE OFFENCE STARTED.

THERE IS A PERIOD OF TIME BEFORE A CASE IS FIRST BROUGHT BEFORE ANY COURT AND ON OCCASIONS THIS LENGTH OF TIME MAY BE CONSIDERABLE, HE SAID.

+EXPERIENCE HAS SHOWN THAT ON MANY OCCASIONS IRRESPONSIBLE ACTION IS TAKEN BY A FEW NEWSPAPERS WHICH NOT ONLY ATTEND AT THE SCENE OF THE RAPE, BUT ALSO TAKE DETAILED PHOTOGRAPHS OF THE VICTIM.

+ HAVE HAD DRAWN TO MY ATTENTION HARROWING PHOTOGRAPHS OF ANGUISHED WOMEN PHOTOGRAPHED WHILST STILL SHOCKED BY THE EXPERIENCE THEY HAVE BEEN THROUGH, HE SAID.

ON A FEW OCCASIONS IT MAY BE NECESSARY TO HAVE THE PROHIBITION LIFTED TO ASSIST IN CATCHING THE OFFENDER OR ALTERNATIVELY ON VERY INFREQUENT OCCASIONS TO PROTECT OTHER WOMEN IN A PARTICULAR AREA FROM A SIMILAR CRIME.

ACCORDINGLY, THE BILL WILL EMPOWER A POLICE OFFICER OF THE RANK OF SENIOR SUPERINTENDENT OR ABOVE, WITH THE CONSENT OF THE COMPLAINANT, TO ALLOW CERTAIN PUBLICITY TO BE GIVEN.

IF THE VICTIM IS NOT IN A CONDITION TO GIVE CONSENT OR REFUSES CONSENT, THE ATTORNEY GENERAL IS EMPOWERED TO GIVE A SIMILAR DIRECTION.

+ ANTICIPATE IT WOULD BE ONLY IN EXCEPTIONAL CIRCUMSTANCES THAT THE ATTORNEY GENERAL WOULD AGREE TO DO SO,✦ MR GRIFFITHS SAID.

+NOTICE OF ANY SUCH DIRECTION WOULD HAVE TO BE PUBLISHED IN THE GAZETTE SO THAT IT MAY BE KNOWN TO THE MEDIA.

+ IT FOLLOWS FROM WHAT I HAVE SAID THAT THE PRESS. RADIO AND TELEVISION WOULD BE WELL ADVISED UNDER NO CIRCUMSTANCES TO PUBLISH ANY MATTER LIKELY TO LEAD TO THE IDENTIFICATION OF ANY VICTIM, ONCE THIS BILL BECOMES LAW, HE ADDED.

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