The short version
- The Victorian government proposes raising the maximum penalty for rape to life imprisonment and increasing sentences for other serious sexual offenses by five years.
- New legislation would create a specific manslaughter charge for deaths resulting from family violence and criminalize leaving victims without necessary medical attention.
- Court reforms aim to prevent defense barristers from using invasive questioning techniques and allow judges to consider patterns of abuse as evidence.
The Victorian Labor government has announced a comprehensive suite of legal reforms aimed at addressing violence against women, positioning these measures as central to its upcoming election campaign. Premier Ben Carroll stated that if re-elected, the party will legislate significant changes to how sexual and family violence offenses are prosecuted and punished in the state’s courts. The proposals include increasing the maximum penalty for rape from twenty-five years to life imprisonment and raising the ceiling for all other serious sexual offenses by five additional years.
A key component of the announcement involves the creation of two new criminal offenses designed to close perceived gaps in the justice system. One proposed law would establish a specific form of manslaughter applicable when an individual takes their own life as a direct result of family violence. The second offense targets perpetrators who abandon victims requiring medical care, a measure intended to hold abusers accountable for neglect that leads to death or severe harm. Officials argue these changes will prevent offenders from evading serious charges by exploiting current legal ambiguities.
The proposal to criminalize the abandonment of vulnerable victims stems directly from coroner findings in two high-profile cases. Belinda Jones, forty, died in July 2023 after her partner left her on the floor of their home overnight and delayed calling emergency services for two hours after discovering she was unresponsive. Jones had suffered from treatable bacterial infections and sepsis that a hospital had previously failed to diagnose. Her partner faced no criminal charges related to her death, prompting state coroner Liberty Sanger to recommend new legislation. Sanger characterized the act of leaving a victim without medical aid as a form of family violence that reinforces perpetrator control.
The second case influencing this policy shift involves Narelle Simmons, who died in October 2021 after being assaulted by her partner. Her body was discovered nine days later following a welfare check requested by her daughter. While the coroner could not determine the exact time of death relative to the assault, the partner pleaded guilty to common assault and failing to report a reportable death. He received a five-month prison sentence and a community corrections order, despite having eighteen previous family violence victims. The government views such outcomes as evidence that current sentencing structures fail to reflect the severity of repeated abuse.
Beyond new offenses, the reforms target courtroom procedures that critics argue re-traumatize survivors. The government plans to prohibit defense barristers from employing what it describes as humiliating and invasive questioning techniques during trials. Additionally, courts would be empowered to consider patterns of sexual abuse as admissible evidence, rather than treating each incident in isolation. Premier Carroll expressed frustration with the current system, stating that he is weary of seeing victims subjected to rigorous scrutiny by defense counsel during proceedings.
Sentencing guidelines for family violence will also see substantial increases under the proposed legislation. The standard sentence for murdering a current or former partner would rise from twenty-five to thirty years. Furthermore, the maximum penalty for persistently breaching family violence intervention orders would double from five to ten years in prison. These adjustments are part of a broader strategy to signal stricter consequences for repeat offenders and those who disregard court-ordered protections.
The announcement follows a week of crime-focused policy releases from the Carroll administration, including plans for a new police training facility in Melbourne’s western suburbs and the introduction of Jack’s Law. This latter initiative would grant police and protective services officers the authority to stop and search individuals for knives using handheld metal detectors. Carroll framed these combined measures as necessary actions to combat violence that claims the life of a Victorian woman every two weeks, emphasizing a tough-on-crime approach.
Political opposition has also outlined its own law-and-order agenda ahead of the November election. The Coalition previously committed to supporting Jack’s Law and has proposed expanding adult sentencing options for youth offenders. Additionally, the opposition plans to increase police numbers and split the existing Court of Appeal into two separate entities if elected. As both major parties present competing visions for judicial reform, the debate centers on how best to balance victim protection with procedural fairness in an increasingly polarized political landscape.
Sources behind this briefing
Go to the original reporting
- The Guardian World↗Rapists could face life sentences and barristers prevented from ‘putting victims on trial’ under Victorian Labor reforms
