#1 - 'Did you bring it on yourself?' We changed a law that blames victims.
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When someone applies for compensation after being a victim of crime, you'd think the system would be on their side.
In Western Australia, the law has a different idea. It allows the assessor to reduce a victim's compensation based on their "behaviour, condition, attitude or disposition."
In other words: did you bring it on yourself?
It's victim-blaming, written into law. It disproportionately harms women, LGBTQIA+ people, trans people and First Nations communities.
So we rewrote section 41. It's ready to be introduced into WA Parliament, and any other parliament that wants it. The result? A compensation system that asks one question: What harm have you suffered?
In this episode, you'll hear from Kate and Jamie, the authors of the law reform. They're joined by commentator Professor Jenny Morgan from Melbourne Law School, who thinks they should have gone even further.
You'll learn:
What a crimes compensation scheme is (and why for many victims it's the only acknowledgment they ever get).
How section 41 quietly re-runs the old "she provoked me" defence inside a system that's meant to help victims heal.
Why this law disproportionately harms women, LGBTQIA+ people, trans people and First Nations communities.
What Jenny Morgan learned abolishing the provocation defence in Victoria, and why feminist law reformers can't afford to walk away once a law changes.
Guests:
Dr Jamie Walvisch, Senior Lecturer, Faculty of Law, University of Western Australia
Professor Jenny Morgan, Melbourne Law School, University of Melbourne
Hosts:
Associate Professor Becky Batagol, Faculty of Law, Monash University
Professor Kate Seear, Deakin Law School, Deakin University
Take action today:
The book is free! The provisions are drafted. Take them to your parliament. Adapt them for another jurisdiction. Or start your own feminist legislation project.
