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Victorian Labor proposes new offences for family violence and increased penalties

Victorian Labor plans to introduce two new offences targeting family violence and increase maximum penalties for rape and other serious sexual offences if re-elected.

  • A re-elected Victorian Labor government would legislate a new form of manslaughter for deaths resulting from family violence.
  • A new offence would cover perpetrators abandoning a victim in need of medical care.
  • The maximum penalty for rape would increase from 25 years to life imprisonment.

A re-elected Victorian Labor government intends to create two new offences, described as Australian-firsts, aimed at addressing what it calls "loopholes" in family violence legislation. Premier Ben Carroll is set to announce these election commitments on Sunday.

One proposed offence would cover cases where a person takes their own life as a result of family violence, creating a new form of manslaughter. The other new offence would target perpetrators who abandon a victim requiring medical care.

These proposals respond to recommendations from the state coroner following the deaths of Belinda Jones and Narelle Simmons. Ms Jones died from treatable infections after her partner delayed calling an ambulance, while Ms Simmons died after an assault by her partner, who was later sentenced for common assault and failing to report a death.

Additionally, the government has committed to increasing the maximum penalty for rape from 25 years to life imprisonment. Maximum penalties for other serious sexual offences would increase by five years, and persistent breaches of family violence intervention orders would see their maximum penalty double from five to ten years' imprisonment. The standard sentence for the murder of a current or former partner would also increase from 25 to 30 years.

Labor also plans to amend the Evidence Act to prevent humiliating questioning techniques on victim-survivors in court and allow courts to consider patterns of sexual abuse as evidence.

Why this matters: The proposed changes aim to address gaps in the justice system concerning family and sexual violence, potentially leading to harsher penalties for offenders and new legal avenues for prosecution.

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