The factsheet clarifies changes to the Crimes Act 1961 and the Criminal Procedure Act 2011
The justice ministry has released a Victims of Sexual Violence (Strengthening Legal Protections) Legislation Act 2025 factsheet for the legal profession.
The factsheet confirmed that the Act amends the Crimes Act 1961 and the Criminal Procedure Act 2011 to limit harm to victims during court proceedings. The Crimes Act reforms apply to offences committed on or after 30 October, while the Criminal Procedure Act changes impact cases where charges were filed on or after 30 October.
The Crimes Act amendments enhanced protection for children under 12 years old. The Criminal Procedure Act reforms included amended name suppression settings to bolster victim autonomy and participation in sexual violence cases.
The amended section 128B of the Act stipulates that sexual violation cannot be pursued as a charge if the victim was either under 12 years old or if the victim’s age (over or under 12) at the time the offence was committed could not be confirmed.
Moreover, the modified section 132(1) increases the maximum penalty for sexual connection with a child under 12 years old from 14 years to 20 years in jail. It applies to cases where the victim’s age range at the time of the offending could not be ascertained.
Per the changed section 200, courts may no longer order permanent name suppression for a defendant in a prosecution for offences of a sexual nature without the complainant’s assent. This section applies to cases where an adult has been convicted of an offence against sections 128–142A or 144A of the Crimes Act or offences regarded as being of a sexual nature by the court.
The court can only issue a permanent name suppression order if the court is satisfied that:
In cases with multiple complainants, each one will be treated separately; courts may only issue orders in respect of offences against complainants who agreed to it. Such orders must not:
In cases of conflict, a judge must determine how to proceed. Complainants may call on a communication assistant, police specialist child interviewer or a court victim advisor before giving their views on a defendant’s name suppression to the court.
In addition, automatic name suppression for complainants has been broadened to cover not just the offences listed in in section 203 of the Act but “any offence of a sexual nature”. The court will make the call on whether an offence is affected by this provision.
