New law sparks jail fear for victims of abusive partners

New law sparks jail fear for victims of abusive partners

By Jane Lee, The Age, 1st April 2014

Victim support groups fear women with abusive partners may be unfairly jailed under new laws that make it a crime to not disclose a case of child sexual abuse. They warn juries may not accept that mothers of abused children were too afraid for their own safety to turn in their abusive partners.

The concern over the new law - proposed by the Napthine government and widely welcomed by affected groups - came as the Catholic Church said it could have gone even further, with a protocol for reporting claims of victims who wished to remain anonymous.

The new crime - which carries a maximum three-year imprisonment term - followed recommendations made at the conclusion of the state inquiry into the handling of child abuse.

Dr Chris Atmore, a senior policy adviser at the Federation of Community Legal Centres, said child abuse often occurred against a backdrop of family violence, which was a factor in 12 of the 15 deaths of Victorian children known to child protection last year.

The federation - along with Domestic Violence Victoria, the Women's Legal Service and the Domestic Violence Resource Centre - believe family violence victims could be charged with the new offense.

People who reasonably fear for their safety can be excused from the offense under the reforms.

But Dr Atmore said this would not help family violence victims, who historically had not been believed when accused of other crimes, such as homicide.  ''We are not confident juries understand enough about the dynamics of family violence,'' she said. ''If women's experience with arguing self-defense is anything to go by, having fear for your safety tends to be understood only as an immediate strong threat, and that's often not the case. [Family violence is] often more a long situation of coercive control and fear.''

Dr Atmore said the ''failure to disclose'' offense went beyond the the state inquiry's terms of reference, which related to institutions rather than individuals, and should similarly be confined to such authorities.

The law also does not require Catholic clergy to disclose abuse that comes to light in the confessional. But Dr Atmore said this was ''patently insulting'' to family violence victims who could be charged with the offense.

People who learn of abuse from victims who ask that the information stay confidential are also exempt from the crime.

The Catholic Church's Victorian spokesman Shane Mackinlay, who supports the bill, said Victoria Police could still issue warrants to obtain documents that would reveal such victims' names.

He said: ''We think it would be possible, under the sort of arrangement that operates in NSW, to preserve victims' privacy but still give valid information to the police.''

Attorney-General Robert Clark said:  "The bill makes clear that the protection of children from sexual abuse is of paramount importance, while also recognising the domestic violence context in which child sexual abuse may be occurring. The legislation does not prevent any organisation informing police whenever and however the organisation becomes aware that abuse has occurred.''

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