Victorian Labor Proposes Stricter Laws to Close Domestic Violence Loopholes

Victorian Premier Ben Carroll announced pre-election commitments to strengthen laws against domestic and family violence, including new criminal offences for manslaughter and abandoning victims, alongside increased penalties for sexual offences and partner murder.

Victorian Labor Premier Ben Carroll has announced a series of pre-election commitments aimed at strengthening laws against domestic and family violence. The proposed reforms include the creation of new criminal offences designed to close legal loopholes identified in recent high-profile cases.

Editorial illustration

Under the plan, a new form of manslaughter will be legislated to cover cases where a person takes their own life due to family violence. Additionally, a specific offence will be created for perpetrators who abandon a victim in need of medical care. These measures are direct responses to coroner recommendations following the deaths of Belinda Jones and Narelle Simmons.

Belinda Jones, aged 40, died in July 2023 after her partner left her overnight and waited two hours to call an ambulance. Narelle Simmons, aged 42, died in October 2021 after being assaulted by her partner. Her body was not found for nine days. Simmons’ partner had 18 previous family violence victims associated with him but was sentenced to only five months’ imprisonment for common assault and failing to report a death, along with a 12-month community corrections order.

The proposed changes also involve significant increases in sentencing guidelines. The maximum penalty for rape would rise from 25 years to life imprisonment. For every other serious sexual offence, the maximum penalty would increase by five years. Furthermore, the standard sentence for the murder of a current or former partner would be raised from 25 years to 30 years.

Editorial illustration

Penalties for breaching intervention orders would also be tightened, with the maximum sentence for persistent breaches doubling from five years to 10 years’ imprisonment.

Beyond sentencing, the reforms aim to improve the experience of victim-survivors in court. New laws would prevent barristers from using "humiliating and invasive questioning techniques" against them. Courts would also be permitted to consider patterns of sexual abuse as evidence during trials.

Premier Carroll stated that these commitments are intended to reduce violence against women and ensure perpetrators cannot avoid conviction through existing legal gaps. In Victoria, a woman is killed by violence every two weeks. The election is scheduled for November.

Sources