NT government flags changes to accused sex offender suppression laws

The Northern Territory could soon become the last jurisdiction in the country to allow accused rapists and child sex offenders to be publicly named before they are committed to stand trial, under reforms flagged by the NT government.Under Territory law, the names of people charged with serious sexual offences, including rape and child sex crimes, cannot be made public until they are committed to the Supreme Court — a process that can take well over a year.The NT is currently the only jurisdiction in Australia that maintains the anonymity of people charged with these crimes before the committal stage.But NT Chief Minister Lia Finocchiaro this week flagged changes to the laws, saying the reforms would be introduced by the end of the year."We as a government have already been doing the work, and the attorney-general has been doing the work, to change the laws to lift these suppressions, these gag orders, on these horrendous types of offences, and we look forward to bringing that to the parliament," she said.The announcement comes after the identity of a man who raped a four-year-old girl at a Darwin town camp was made public earlier this week, after being suppressed for almost a year.Nathaniel Farrell pleaded guilty in the NT Supreme Court to one count of rape following the June 14 attack, during which he lured the child away while she was playing before violently digitally raping her.A suppression order preventing the publication of Farrell's name was made in the Darwin Local Court last year and was extended after the 34-year-old was committed to the Supreme Court.The order also included the suppression of the names of the victim and witnesses involved in the case.Last week, Chief Justice Michael Grant lifted the order allowing Farrell's name to be published and sentenced him to 10 years in prison with a seven-year non-parole period.Chief Justice Michael Grant lifted the supression order on Nathaniel Farrell's name. (ABC News: Tiffany Parker)Ms Finocchiaro said the government had since urged the Director of Public Prosecutions (DPP) to investigate any possible avenues to appeal the sentence."We as a government will be looking into the sentence and whether or not there's an opportunity for them to appeal," she said.The DPP would not confirm whether an appeal was under consideration."Any decision regarding an appeal is to be made independently by the Director of Public Prosecutions following consideration of the relevant legal and evidentiary issues," a DPP spokesperson said. Lia Finocchiaro says her government will change the laws that temporarily protect the identity of sex offenders by the end of the year. (ABC News: Tilda Colling)Changes to laws 'truly overdue'Sexual assault survivor and creator of the #LetHerSpeak campaign, Nina Funnell, who has advocated for the NT to change its laws for years, said the reforms were "well and truly overdue".Ms Funnell said laws that protect the identities of accused sex offenders can have unintended consequences.Nina Funnell is a sexual assault survivor who has long advocated for the NT to reform its laws. (ABC News: Jerry Rickard)"Many survivors come forward in the first place to protect others in the community," she said."Justice done in the dark is not justice."If we want survivors to keep coming forward to protect the community, the least we can do is ensure their efforts to make us all safe aren't being thwarted by decisions which prioritise the feelings of offenders over the principle of open justice."Open justiceCommunications law expert from Melbourne University, Jason Boslan, said the underlying justification for suppression orders protecting the identities of people charged with sexual offences was to offer defendants "a level of protection" while the court considered whether there was enough evidence to proceed to trial.Mr Bosland said the publication of a person's name before committal had the potential to cause reputational damage, however he said that should be weighed against community expectations.Jason Bosland says ultimately Australia's justice system is based on the principle of "open justice". (ABC News)"It's really about meeting those community expectations around transparency," he said."Our whole justice system in Australia is based on this system of open justice — the idea that everyone should know what's going on in the courts."Ultimately, the courts administer justice for the community and on behalf of the community, and they have to have the confidence of the community."