- Tiffany Turnbull
- BBC News Sydney
1 hour ago
image source, James Anderson
Crusaders Mullins Praise for Law Reform Movement
Saxon Mullins said she once had a romantic dream about what her “first time” would be.
But when she was 18, a man froze her in a Sydney alley. Even though she had only known him a few minutes before.
Mullins considers what happened to her in 2013 had always been a rape.
That led her to push for legal reforms in Australia after a lengthy court battle ended in which a judge ruled that the man did not know she agreed to have sex.
Last week, five weeks after she left the court feeling hopeless and powerless. NSW has enacted a law that would allow the man to go to jail. If the law was enforced at that time
“It’s fair to a lot of people,” Mullins, now 27, told the BBC.
“It’s acceptance. ‘What happened to you is terrible. and we are fixing because of what happened.'”
Under the “confirmed consent” law in New South Wales, a person must say or do something to communicate that They consent to sex.
Several defendants previously It could be argued that They have reason to believe that They have been given consent. Although the alleged victims did nothing to express their consent.
Currently, the law states that A person’s consent has to be said. ok to have sex instead of assuming to say nothing regarded as not denying
Nightmare in a 5-year court battle
In court, Mullins felt as though She has the burden of proving that she has said no or has asked men to stop.
She told the jury that the man was “disappointed” and “acted aggression” after she told him that She wants to go back to the nightclub with her friends.
She said that she was stiff. This is a common reaction to sexual harassment.
“I guess I’m very scared. I don’t know what to do. So I did as he said,” Mullins said at the court hearing.
image source, Four Corners/ABC
Mullins started speaking out about her across the country. after telling her story to ABC in 2018
The jury decided that He was guilty and sentenced to five years in prison. She had mixed feelings of surprise, relief and guilt. She felt she had ruined his life.
But he successfully appealed the decision. This required a second hearing, with only one judge.
hearing the verdict on the second time that he was not guilty make mullins feel worse
She sat three chairs away from the man, crying silently as he sighed in relief and hugged his mother.
Subsequently, the prosecutor filed an appeal, but in the end, the court found that the trial again. will create too much burden on the accused Because that will be his third trial. He has served 10 months in prison, and five years have passed since the night of the accident.
Feeling unjustified by criminal proceedings Made Mullins feel You have to come out and say it.
“I might as well stop fighting the case. But there will be others who have to take on the burden,” she said.
She thought that since she had already done it, You should go on
In 2018, she waived her right to remain anonymous. and told her story on ABC’s Four Corners (Australian Broadcasting Corporation).
This caused a shock throughout the country.
Reform can mean “revolution”.
new south wales Australia’s Most Populous States It pushed for a confirmed consent bill in November.
Since then, Canberra The Australian capital has also passed its own bill. and the state of Victoria pledged will do the same part of Tasmania The law was revised almost 20 years ago.
Nikita White, Amnesty spokeswoman. Amnesty International said Australia was already making progress on rape laws.
The law in many countries, including France, Japan, and some US states. like New York still defines rape as It’s sex with violence. or threatening to use violence
image source, Getty Images
White said more places are enacting confirmed consent laws.
“It’s a real revolution for what’s going on in New South Wales,” she said.
“It will have an ongoing impact. At least all over Australia, but many other countries will turn to look at us too.”
Concerns of those who disagree
Some argue that the reforms set a dangerous precedent.
The new law clearly states that Consent may be withdrawn at any time. and consent for a certain sexual activity It is not another consent for sexual activity.
The New South Wales Lawyers Association said the change would help condone. “Complex sexual activity This is especially the case in a variety of “respectful” relationships.
Other critics argue that the law could be used to seek revenge on disgruntled ex-lovers. Or it could have a multitude of effects on the criminal justice system, which already has many obligations.
Well-known lawyer Margaret Cunne said the law would “A case that really deserves attention” has been delayed.
“Very unfair to the real victims. and anyone wrongly accused There will be a longer wait for his or her name to be removed,” the lawyer said. She is currently serving as a defense for former NFL and rugby union legend Jarred Hayne. Prior to his rape trial
Mullins said many of the people who disagreed with the law were lawyers who “I’m upset that they have to work harder now.”
Many of their arguments are “ridiculous,” she said. This law has been in force in Tasmania for years…because it works.”
Mullins said consensual sexual activity will not end up going to court because it is mutual consent
She added that She said it was “extremely infuriating” that some victims should not be spending as much time in court as other victims, and she pointed out that the claims are few and far between. sexual harassment
Statistics reveal that 1 in 6 women and 1 in 25 men have experienced sexual harassment. But Australian authorities say Most of the people did not report it to the police. As for those who file a complaint, only 10% of the cases can be held against the perpetrators.
image source, Getty Images
Many Australians joined the march last year. demanding more equality for women and to end sexual violence
She said, “If the people who made those claims Become a survivor who has entered the criminal justice system. They will understand that There will be no one to do that. if they really don’t have to.”
New South Wales Attorney General Mark Speakman said the standards had been met. This law will be reviewed after three years.
Mr. Speakman, a senior lawyer He dismissed criticism of the law, and said the reform was “common sense” and “uncomplicated”.
Legal reform is just the beginning.
After a long battle for change, along with survivors and experts, Mullins said seeing the law come into effect last week gave her great excitement.
“I can’t fix things that happened to me, but if [เรื่องนี้] Help stop this from happening to others, then it was worth it, I’m proud of it,” she said.
image source, James Anderson
Seeing the law come into effect last week gave her great excitement.
But her move left her faced with disappointment, praise and reviling, but she continued to tell her story, she said there was still a lot to be done. in promoting Verified Consent Laws across the country Reforming the treatment of victims in the justice system and reducing the prevalence of sexual harassment in Australia.