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Eleanor Wilson

Convicted rapists to be stripped of suppression shield

The Victorian government wants to stop suppression orders being used to protect convicted rapists. (Keri Megelus/AAP PHOTOS)

Convicted rapists will no longer be able to shield their identities from the public under suppression order changes pitched by a state government.

Victoria's Open Courts Act would be amended next parliamentary term to limit the use of suppression orders if the Labor government is re-elected in November

Premier Ben Carroll made the commitment and declared his intention to stop suppression orders being used to protect convicted rapists.

Premier Ben Carroll and Attorney-General Sonya Kilkenny
Premier Ben Carroll and Attorney-General Sonya Kilkenny plan to change suppression order laws. (James Ross/AAP PHOTOS)

"Suppression orders were designed to protect victim-survivors, not convicted rapists," he told reporters on Tuesday alongside Attorney-General Sonya Kilkenny.

Challenging suppression orders has become more difficult in Victoria following changes to the Open Courts Act passed in 2013.

The changes broadened the grounds for obtaining a suppression order, with wording changed from protecting a person’s “physical safety” to simply protecting their “safety".

Justin Quill, a partner at law firm Thomson Geer, said it had become common for defendants to argue mental health as a reason for needing a suppression order and rely on a psychiatrist's report.

Mental health grounds were used by Tom Silvagni, the son of AFL great Stephen Silvagni, and entertainment and sporting manager Ralph Carr to successfully keep their names from being publicised for 18 months and almost three years, respectively, while facing rape charges.

Tom Silvagni (file image)
Tom Silvagni (right) was sentenced to a jail term of six years and two months. (Joel Carrett/AAP PHOTOS)

Both were ultimately convicted and the gag orders lifted.

Ms Kilkenny said an advisory group was reviewing other "loopholes" used by high-profile accused and convicted people.

The review would explore interim suppression orders, the length of suppression orders and the reasons for their granting, she said.

"If there are loopholes, we are going to close them, and that they can’t be abused and exploited," Ms Kilkenny said.

"Justice must be open and there must be a balance with the right to a fair trial by the accused, but we have seen most recently that we need to look at the balance."

Ralph Carr leaves the County Court of Victoria
Ralph Carr's identity was shielded behind suppression orders for almost three years. (Jay Kogler/AAP PHOTOS)

The election promise was made as the Labor government introduced legislation to parliament to enact sweeping changes to family violence protections.

The bill would make coercive control a standalone offence and ban convicted offenders from using good character references in sentencing, reforms committed to by former premier Jacinta Allan.

It also amends the Equal Opportunity Act to outlaw discrimination against family violence victim-survivors, strengthens family violence intervention orders and expands personal safety intervention orders to recognise grooming.

1800 RESPECT (1800 737 732)

Lifeline 13 11 14

Men's Referral Service 1300 766 491

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