The Victorian government has proposed new laws relating to family violence that have the potential to make a significant difference in the way these matters are handled by the courts.
The laws, proposed by the Napthine government, would make it a crime to not disclose a case of child sexual abuse. The crime carries a maximum three-year imprisonment term.
Although the proposed laws contain a specific exemption for people who fail to report child sex abuse because they feel their safety is threatened, they have come to the attention of victim support groups who believe that the mothers of abused children will be too scared to report their abusive partners – and that these women may end up being unfairly jailed.
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.
The proposed laws have already proved to be contentious, with the first debate kicking off this week on breakfast television.
Journalist and host of Studio 10, Joe Hildebrand, caused an uproar with his comments about the proposed laws during the show’s broadcast on the morning of the 2nd April.
Hildebrand was interviewing Rosie Batty, the mother of Luke Batty, an 11-year-old boy who was murdered by his father while at cricket training in January this year.
Greg Anderson, Luke’s father, suffered from mental health problems and was verbally and physically abusive towards Rosie Batty. Rosie told News Limited that while Anderson’s threats towards her were serious, she never feared for her or her son’s life.
Because of Anderson’s behaviour, intervention orders were made, which allowed Anderson to continue to have contact with Luke in public places. Tragically, it was in a public place where Anderson attacked Luke – striking first with a cricket bat and then with a knife.
Luke was not fearful of his father – it was Luke who had asked to spend “a few more minutes” with his father after cricket training. Rosie agreed, thinking her son was safe.
Rosie Batty has since made several media appearances in the hope that her son’s story will bring some awareness to family violence and just how dangerous it can be. However, her interivew on Studio 10 made it evident that she, a victim of family violence, is unhappy with the proposed Victorian laws.
Joe Hildebrand opened the discussion with the following:
Obviously you can’t help but feel a huge amount of sympathy for anyone who’s in an abusive relationship but … you have to get out, you absolutely have to get out. There are huge economic costs associated with that, yes there are often other things, but anything is better than staying in an abusive relationship. Frankly, to say that you’re going to not report a case of child abuse or child sex abuse by your partner because you are scared for your own safety, I’m sorry, it is not an excuse.
Rosie replied to Hildebrand, telling him that his comments were “misguided” and that she was “absolutely outraged”:
I was living in hope that because of Luke’s tragic death it would bring a huge awareness to family violence. This is beyond my comprehension how, again, the woman who is the victim is punished.
Joe needs to look at his views as a man and he needs to step up and get informed. Because when I hear comments like that I am so saddened that the focus is still on the woman. Where the hell is the perpetrator? Why isn’t he being jailed for three years?
Rosie also released a statement after the interview, writing that the onscreen debate “has raised a huge opportunity for discussion and that has to be a good thing. Joe has raised comments that are very popular amongst both men and women and by discussing why this has raised such heated debate will make all of us wiser and more informed”.