Lawyers representing a high-profile man accused of rape in Queensland must seek a non-publication order by October 3 due to new laws allowing the public naming of individuals charged with rape and other specified sexual offenses. The Justice and Other Legislation Amendment Bill 2023, which was passed in Queensland State Parliament on September 13, aims to modernize and strengthen the state’s laws. The introduction of this bill follows the recommendation of the Women’s Safety and Justice Taskforce (WSJT) to publicly name accused sex offenders in cases where they are charged from July 2022. Previously, alleged offenders were only named once they were committed to trial.
These new laws have implications for the high-profile man charged with two counts of rape in January 2023. Starting from October 3, 2023, he will be treated the same as individuals charged with any other offense and details about his identity can be published, except in cases where it would identify the complainant or potentially lead to their identification.
During a court hearing, the man’s lawyer, Rowan King, indicated that he would likely seek a non-publication order. In August 2023, Mr. King requested a one-week adjournment to apply for the suppression of his client’s name, but this request was denied. The magistrate stated that Mr. King could apply for suppression, but it would only be considered once there was clarity on when the legislation would come into effect.
In addition to the changes regarding the public naming of accused sex offenders, the Justice and Other Legislation Amendment Bill 2023 also includes updates to other laws. These updates reflect commitments made by the Queensland Government to the community, such as recognizing the death of an unborn child caused by the actions of an offender as an aggravating factor in sentencing. Prevention of Domestic and Family Violence Minister Yvette D’Ath emphasized that victims’ interests were a priority in these reforms, as rape and sexual assault are vastly underreported crimes in Australia. The government hopes that modernizing the laws will encourage more victim-survivors to come forward and report their experiences, while also combatting rape myths.
The opposition has supported the government’s bill, with Shadow attorney-general Tim Nicholls stating that there have been no significant negative consequences in jurisdictions where the accused could be named earlier. This reform brings Queensland in line with other Australian jurisdictions, apart from the Northern Territory, where identifying survivors is currently prohibited unless ordered otherwise by the court.
The Queensland Government has been actively responding to the recommendations of the WSJT Report One. In May 2022, they announced their support or support-in-principle for all 89 recommendations. The government has also established an Independent Advisory Group (IAG) to aid in crime prevention and improve the reception and handling of victims’ feedback. Additionally, the government has recognized coercive control as a pattern of behaviors aimed at instilling fear and control in the victim and has introduced legislative reforms to address this issue.
The implementation of WSJT recommendations aligns with the government’s plan to prioritize actions across four phases. Its goal is to strengthen the justice system, hold offenders accountable, and increase transparency in sentencing decisions. The high-profile case mentioned earlier is set for another hearing at the Toowoomba Magistrates Court on September 20.