Push for law change allowing sexual assault survivors to self-identify

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The onus on survivors seeking permission to self-identify emerged earlier this year when Victorian MPs, in trying to address problems in the Judicial Proceedings Reports Act, changed the law and inadvertently created a new problem.

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Add articles to your saved list and come back to them any time.Kim Elzaibak had done nothing wrong, but had to appear before a magistrate with a lawyer.

The Office of Public Prosecutions says it has previously enforced the law against media over identifying sexual assault victims. "What they don't realise, and it's not the intention, is they are replicating the actions of the perpetrator in an emotional sense.Marque Lawyers managing partner Michael Bradley, who represented Ms Elzaibak, said the government was unaware of the flaws in the act until lawyers, survivors and advocates including the Let Us Speak campaign raised concerns.

People who were sexually assaulted before they were killed, or those who took their own lives, cannot give consent to be identified, which means grieving family members could also face possible prosecution if they name loved ones. The issue is also a problem for media reporting about people who were sexually assaulted then killed.

"The proposed laws will not stop the naming of deceased victims by the media or more importantly, by the families of people who have died," Ms Hennessy said.

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