Accused rapists and sex offenders in Queensland can be named from tomorrow as updated laws come into effect.
The laws will commence from midnight tonight, meaning the identity of people charged with alleged sexual offences can be reported before they’re committed to stand trial.
Here’s what we know about the changes.
The changes are to the Criminal Law (Sexual Offences) Act 1978 which currently prohibits media from reporting the identity of accused rapists or defendants facing charges for “prescribed sexual offences”.
A prescribed sexual offence refers to rape, attempt to commit rape, assault with intent to commit rape and sexual assault.
Previously, the law meant the identity of the accused in a sexual assault case couldn’t be published until they were committed to stand trial.
The Queensland parliament passed an update to the act on Wednesday, meaning alleged rapists or sex offenders can be publicly named in the media before they stand trial.
Soon, those accused of sexual offences will be treated the same as people charged with any other offence.
The only way their identity is protected is if the accused, victim or prosecution apply to a court for a non-publication order.
But the application for a non-publication order will be scrutinised extensively with the court considering submissions made and views expressed by an alleged victim.
Accredited media will also be able to attend any hearings on a non-publication order application.
The legislation takes effect from tomorrow, October 3.
From that date, the accused’s identity can be published with the only exception being if revealing the name would subsequently identify the victim.
Yes. The laws would have meant several high-profile cases could have had the names of the accused revealed from tomorrow.
One of these cases was the high-profile man accused of raping a woman in Toowoomba in October 2021.
However, a magistrate granted an interim name suppression on Friday for the case.
“Given the publicity that the committal proceeding has attracted, there is a substantial risk that, unless a temporary order is made, media reports identifying the applicant will be published,” Justice Peter Applegarth said in his ruling.
In South Australia, alleged rapists can be named from their first court appearance as long as it doesn’t in any way identify the alleged victim.
In Western Australia, the identity of accused rapists can be published.
In Victoria, an accused sex offender can be identified.
In the Northern Territory, an accused rapist cannot be identified until after they’re committed to stand trial.
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).
(9 NEWS)
