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The correct title of this article is #LetHerSpeak. The omission of the # is due to technical restrictions.

#LetHerSpeak (also known as #LetUsSpeak) is an Australian campaign to amend evidence legislation so as to allow victims of sex crimes to be publicly identified if they choose. The campaign was founded in November 2018 by journalist Nina Funnell with support from End Rape on Campus (EROC), News Corp Australia and Sydney law firm Marque. It focuses on changes to the law in Tasmania, Victoria and the Northern Territory. As of 2021, the parliaments of Tasmania and the Northern Territory had amended their laws accordingly.

Laws relating to victims of sex offences

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All Australian jurisdictions provide some form of legal protection to prevent victims of sexual offences from being publicly identified. However, as of 2018, laws in Tasmania, Victoria and the Northern Territory were framed in such a way as to make it impossible for victims to identify themselves in the media without a court order.[1] The campaign characterised these provisions as "gag laws".[1]

Catalyst for #LetHerSpeak

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Between June and December 2010, Hobart schoolteacher Nicolaas Bester repeatedly sexually abused a 15-year-old student named Grace Tame. Following his release from prison, Bester posted a comment on social media website Facebook bragging about his offending. In 2017, social commentator Bettina Arndt interviewed Bester for her YouTube channel about attempts to bar him from postgraduate study at the University of Tasmania.[2] Tame condemned the interview as giving "a platform to a paedophile". Because of the wording of the Evidence Act, media outlets were forced to quote Tame as "Jane Doe".[3][4][5]

Journalists, commentators, and even my perpetrator have all been able to publicly discuss my case. I’m the only one who is not allowed to. It’s not just illogical, it’s cruel.

— Grace Tame, [6]

Wanting to speak publicly, Tame enlisted the help of the End Rape on Campus (EROC) campaign, journalist Funnell and the publisher of the city's main newspaper, The Mercury. She sought a court order under s. 194K allowing her name to be published. Only two victims had previously won such orders in Tasmania, among them Beyond Abuse Chief Executive Steve Fisher.

Although ultimately successful, the process was difficult, all the more so since by then Tame was living in the United States. The complexity of the process, Funnell later wrote, "exacerbated pre-existing feelings of powerlessness and injustice". Tame observed that “Journalists, commentators, and even my perpetrator have all been able to publicly discuss my case. I’m the only one who is not allowed to. It’s not just illogical, it’s cruel.”[6]

The Supreme Court of Tasmania granted Tame's application in August 2019 after two years and $10,000 in legal costs.[7][8] She appeared on the front page of the Hobart Mercury on 12 August above the headline "My name is Grace Tame and I am Jane Doe".[8]

#LetHerSpeak campaign

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Similar legal provisions were on the statute-books in Victoria and the Northern Territory. Across the three jurisdictions, Funnell was able to make contact with more than a dozen men and women, victims of abuse who wanted to tell their stories but were forced by existing laws to remain anonymous. The journalist worked with EROC Australia, News Corp and Sydney law firm Marque to establish a law-reform campaign known as #LetHerSpeak. #LetHerSpeak launched in November 2018 and attracted support from celebrities worldwide including Alyssa Milano, Tara Moss and John Cleese, as well as leaders of the MeToo movement. Tame's story, along with those of Victorian woman Jaime-Lee Page and others, featured prominently in the campaign.[9][10][11]

#LetHerSpeak ultimately provided legal support to 13 women and 4 men in gaining similar court orders, and led to amendments to the law in Tasmania and the Northern Territory.[12]

Awards and recognition

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Funnell and #LetHerSpeak have won a number of awards and accolades,[13] including:

Tame was nominated for Tasmanian Australian of the Year in 2020 on the basis of her role "championing" the #LetHerSpeak campaign[19][20] and was Australian of the Year 2021.[21][22]

See also

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References

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  1. ^ a b Funnell, Nina. "What are the gag laws and why are they a problem?". LetHerSpeak / LetUsSpeak. Retrieved 1 April 2021.
  2. ^ Shine, Rhiannon (16 May 2017). "University students petition against sex offender Nicolaas Bester's presence on campus". Australian Broadcasting Corporation. Retrieved 31 March 2021.
  3. ^ Knowles, Lorna (8 February 2020). "Rape survivor urges Governor-General to cancel Bettina Arndt's Australia Day award". Australian Broadcasting Corporation. Retrieved 31 March 2021.
  4. ^ Funnell, Nina (13 November 2018). "Teacher jailed for molesting and sexually assaulting a 15-year-old said it was 'awesome'". News.com.au. Retrieved 31 March 2021.
  5. ^ Langdon, Allison (12 November 2018). "60 Minutes #LetHerSpeak: 'The only person this archaic law protects is the perpetrator'". Nine News. Retrieved 31 March 2021.
  6. ^ a b Funnell, Nina (2019). Section 194K of Evidence Act 2001: a submission by End Rape on Campus Australia and Marque Lawyers (PDF). Sydney. pp. 4–7.{{cite book}}: CS1 maint: location missing publisher (link)
  7. ^ Martin, Lisa (12 August 2019). "Grace Tame: Tasmanian survivor of sexual assault wins the right to tell her story". The Guardian. Retrieved 26 January 2021.
  8. ^ a b "My name is Grace Tame and I am Jane Doe". The Mercury. 12 August 2019. p. 1.
  9. ^ Little, Liz (11 November 2018). "From Hobart to Hollywood – why #MeToo celebrities are fighting for silenced survivors". 9News. Retrieved 29 October 2022.
  10. ^ "The #LETHERSPEAK Movement: Why it's Time for Change". Shine Lawyers. 19 November 2018. Retrieved 29 October 2022.
  11. ^ "Home page". EROC Australia. 27 October 2020. Retrieved 29 October 2022. EROC Australia and Marque Lawyers have been leading the #LetHerSpeak campaign for law reform...
  12. ^ "#LetHerSpeak". #LetUsSpeak. 25 January 2021. Archived from the original on 29 October 2022. Retrieved 29 October 2022. (See photo)
  13. ^ "Info for media". LetHerSpeak / LetUsSpeak. Retrieved 1 April 2021.
  14. ^ "ABC's "Killing Field" wins the 2020 Gold Walkley Award". Walkley Awards. 20 November 2020. Retrieved 1 April 2021.
  15. ^ "Our Watch Award". Walkley Awards. Retrieved 1 April 2021.
  16. ^ "KENNEDY AWARDS HONOUR ROLL – the Kennedy Awards".
  17. ^ ""We Need to Value Investigative Journalism": B&T Woman of the Year Nina Funnell Talks Media Ethics & "Vicarious Trauma"". 7 October 2021.
  18. ^ "News Awards winners 2019 - AdNews".
  19. ^ "Meet the 17 Tasmanians nominated for the state's 2021 Australian of the Year Awards". The Examiner. 26 October 2020. Retrieved 1 April 2021.
  20. ^ "Tasmanian nominees announced for 2021 Australian of the Year awards". Australian of the Year Awards. 26 October 2020. Retrieved 1 April 2021.
  21. ^ "#LetHerSpeak: Australian of the Year 2021 awarded to Grace Tame". news.com.au. 25 January 2021.
  22. ^ "Tasmanian sexual assault survivor Grace Tame named 2021 Australian of the Year". TheGuardian.com. 25 January 2021.
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