The Victorian Labor government has announced a re-election commitment to introduce two new Australian-first offences targeting gaps in the justice system that have allowed perpetrators of family violence to evade punishment. The announcement, made by Premier Ben Carroll, includes a new form of manslaughter for cases where a person dies by suicide as a result of family violence, and a new offence for abandoning a victim in need of medical care.
New offences to close legal loopholes
The new manslaughter offence would cover situations where a victim takes their own life following family violence, while the abandonment offence responds to coronial recommendations after the deaths of Belinda Jones and Narelle Simmons. According to the government's media release, these measures aim to close "loopholes" that allow perpetrators to "slip through the cracks in the justice system and walk free."
Belinda Jones, 40, died in July 2023 at her Maryborough home after her partner left her overnight and delayed calling an ambulance for two hours after finding her unresponsive. She had succumbed to treatable bacterial infections and sepsis, which a hospital had failed to diagnose days earlier. Her partner was not charged with any offence related to her death.
Coroner's findings and recommendations
State coroner Liberty Sanger, in findings published last month, stated: "In my view, the act of abandoning a victim of family violence requiring medical attention is an act of family violence, that instils fear in the victim and affirms a perpetrator's control over the victim."
Narelle Simmons, 42, died in October 2021 after her partner admitted to punching her twice and elbowing her once before leaving her Cranbourne home. Her body was found nine days later after a welfare check. Sanger could not determine whether she died immediately or days later. Her partner, who had 18 previous family violence victims, pleaded guilty to common assault and failing to report a reportable death, receiving a five-month prison sentence and a 12-month community corrections order.
Stronger penalties and legal reforms
The government has also committed to increasing the maximum penalty for rape from 25 years to life imprisonment, and raising penalties for other serious sexual offences by five years. The maximum penalty for persistent breaches of family violence intervention orders would double from five to ten years. The standard sentence for murder of a current or former partner would increase from 25 to 30 years.
Labor will also amend the Evidence Act to prevent barristers from using humiliating and invasive questioning techniques on victim-survivors in court. Courts would be able to consider patterns of sexual abuse as evidence at trial.
Political context and commitments
The announcement follows a week of crime-focused election commitments from Carroll, including a new police training facility in Melbourne's western suburbs and the introduction of Jack's Law, which would allow police to stop and search people for knives using handheld metal detectors. "I'm a tough-on-crime premier – and that means being tough on family and sexual violence," Carroll said. "We must act on the violence that is killing a Victorian woman every two weeks."
The Coalition has also committed to Jack's Law and plans to expand adult sentencing for youth offenders, increase police numbers, and split the court of appeal into two entities if elected in November. Support services are available: Full Stop Australia at 1800 385 578, the UK national domestic abuse helpline at 0808 2000 247, and the US domestic violence hotline at 1-800-799-SAFE (7233).
