The POWER in Advocacy Can Put More Paedophiles Behind Bars
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Harrison James's child sexual abuse case is among the 3% that a woman has committed. When his peers were enjoying some of the best years of their teens, Harrison found out his abusive stepmother was pregnant with his child. Now Harrison is fighting against the one thing paedophiles rely on most to avoid a guilty verdict - the 'good character' defence.
To many logical-thinking Australians, the simple fact that a person would sexually abuse a child is enough to blow their good character out of the water, but not in the eyes of the law where the same person who pursues children for their sexual gratification can also be a morally 'good person'.
#YourReferenceAintRelevant founder and child sexual abuse survivor, Harrison James. Picture: Supplied
Harrison and fellow abuse survivor Jarad Grice launched the campaign this year (2023). Harrison and Grice have successfully lobbied the NSW Government to amend section 21A(5A) of the Sentencing Procedure Act 1999 (NSW) so character references can no longer be used when sentencing convicted child predators. A petition was tabled by Greens MP Abigail Boyd, which the Attorney General then moved to legislate.
Discussions are now happening with lawmakers to determine the extent to which they will change the law, which Harrison hopes will completely remove any reference to a perpetrator's good character.
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David*, a Senior Detective for the Australian Police told Lady News, “The rates of acquittals in child sexual abuse cases is out of control. As cops, we can’t change the law, we can only put the case in front of the court then it’s up to the judge and the law that informs them. The accused always fall back on ‘good character’ to save them,” said the Snr Detective.
Harrsion’s #YourReferenceAintRelevant campaign has the POWER to overhaul the justice system and outcomes for victim-survivors of child sexual abuse.
"We are now working diligently to bring this change into effect by November of this year, which has been promised by Mr. Daley. It's both empowering and humbling to know that our activism has the potential to hold perpetrators accountable and protect children from future harm. This campaign concerns justice, survivors' voices being heard, and ensuring the legal system reflects our societal values. The power of collective action is awe-inspiring, motivating me to continue the work." said Harrison.
In 2006, American activist Tarana Burke gave birth to the #METOO movement in New York to help other women with similar experiences stand up for themselves. In 2017, #METOO rippled through the globe, triggering a revolution and a new wave of young and unapologetic advocates who are now leading the way for victims to stand in their trauma-driven POWER. Since being announced Australian of the Year in January 2021, Grace Tame has become a household name as a brave and passionate advocate for systemic change to prevent child sexual abuse.
At age 15 Gace was groomed and then repeatedly sexually abused by her 58-year-old teacher, Nicolaas Bester. When Tame reported her attacker. Bester was arrested and convicted of the offence of "maintaining a sexual relationship with someone under the age of 17", a crime, Tame argued, that needed to be renamed as in other jurisdictions, due to its misleading use of the word "relationship" for abuse.
As of August, 2023, The Grace Tame foundation succeeded in harmonising laws across the country, removing the word ‘relationship’ from the criminal offence heading of ‘persistent sexual abuse of a child.’ No state or territory jurisdiction uses the word ‘relationship’ in the heading of this offence. Tames ultimate goal is to remove the word ‘relationship’ from all parts of the offence in every duristiction.
Graphic: The Grace Tame Foundation
Canberra Rape Crisis Centre has been supporting victim-survivors of sexual assault since 1976. They are a self-proclaimed feminist organization that advocates for the rights and empowerment of people who are living with the shame of their perpetrator's crime. CRCC's Chief Executive Officer, Chrystina Standford's mission for the organization is to capture the essence of empowerment, emphasizing the vital role of community support in bolstering survivors along their paths to healing.
"Sexual Violence is an abuse of power, and as a result, adults, children, and young people who are impacted by sexual violence are disempowered at the time the trauma occurs and afterwards as victims/survivors try and make sense of what has happened to them. This is why empowerment is the foundation of our response to sexual violence. We seek to give power back where power has been taken- mindful that this is an individual journey for everyone and might look different from person to person."
As many victim-survivors rise above adversity to change the course of justice for future applicants and perpetrators, advocacy doesn't equate to instant gratification, nor will it erase the event that leads to such purpose. Harrison James says that while lived experience activism can be empowering, it's a double-edged sword. "There are moments when the weight of the cause and the stories shared by survivors can be overwhelming."
"In those times, I rely on a support network of fellow activists, friends, and professionals who understand the unique challenges of this work. Self-care is crucial. I practice mindfulness and ensure I have time for hobbies and relaxation. We must recognize when we need to step back temporarily and recharge. Additionally, knowing that our activism is making a difference and contributing to a safer future for children provides a deep sense of purpose and motivation to keep going."
The institutions responsible for the law must ask themselves, is it the job of someone who has survived abuse to relive that abuse constantly through advocacy to change what they already know is wrong? There are calls for a separate sexual assault court; however, this does not change what a judge and jury will refer to when deciding if a pedophile should be removed from society or not. Wouldn't it be more productive to employ a child sexual assault lived experience division in the courts to inform the law? As it stands now, a NSW Bureau of Crime Statistics and Research (BOCSAR) report found the way trials are being conducted is leading to negative experiences and outcomes for sexual offence complaints despite significant reforms.
Not every survivor of sexual abuse has the mental energy to be an advocate, but the ones who are wearing their vulnerability on their sleeves are making society a better place, one law reform at a time.
Canberra Rape Crisis Centre
Crisis Phone Line (02) 6247 2525
Crisis Text Contact Only 0488 586 518
Crisis Email Contact crisis@crcc.org.au
National Support Services
1800RESPECT
(1800 737 732)
Mensline Australia
(1300 78 99 78)