Tougher penalties for sex offenders and family violence perpetrators promised by Labor

A re-elected Labor government in Victoria has pledged to introduce sweeping new laws to tackle sexual violence and family abuse, with a focus on tougher penalties for offenders and increased protections for victims.

Under the commitment, the government will introduce a maximum penalty of life imprisonment for rape, and increase the maximum penalties for all serious sexual offences by five years. Offenders who murder their current or former partner will also face a standard sentence of 30 years, up from 25 years.

"We must act on the violence that is killing a Victorian woman every two weeks," the Premier Ben Carroll said.

The proposed changes are inspired by two high-profile family violence cases, and aim to crack down on what the government describes as family violence "loopholes".

Labor has also pledged to introduce two new laws, including an Australian-first offence to criminalise family violence offenders abandoning victims in need of urgent medical help. This follows the deaths of Victorian women Narelle Simmons and Belinda Jones.

The government will also legislate a new form of manslaughter for abusers who drive their partners to suicide, with research finding women who have experienced domestic and family violence are three times more likely to have attempted to take their own life.

"These changes will hold perpetrators to account and set the standard for what Victorians will never tolerate," Attorney-General Sonya Kilkenny said.

The proposed changes would also extend to the courtroom, with Labor promising to amend legislation so that courts can consider an accused’s history of sexual abuse, including prior convictions for the same or similar offending, as evidence at trial.

The Evidence Act would also be altered to stop lawyers from using "humiliating" and "invasive" questioning techniques during cross-examination — a process frequently described by victim-survivors as retraumatising.

Narelle Simmons, 42, died in October 2021 after being punched twice in the face then elbowed in the head by her partner, who then left her without seeking medical assistance. A coroner found Ms Simmons' death could not be medically attributed to the assault despite her partner’s admission that it caused her to "hit the ground", due to other health complications. Her partner was charged only with common assault and failing to report a reportable death.

In July 2023, Belinda Jones — who was six to seven months pregnant — died on her bedroom floor from a severe bacterial infection, after her partner left her there overnight then waited a further two hours to call an ambulance the following morning, despite finding her cold and unresponsive.

Her partner, according to coronial documents, who had an extensive history of committing violent offences against Ms Jones, did not face any charges over her death.

In both cases, the Victorian Coroner recommended the government consider creating a new offence of abandoning a victim in medical need, and to amend the Family Violence Protection Act to include abandonment of a victim in medical need as an example of family violence.

In August, the Victorian government passed reforms making coercive control a standalone offence, and banned the use of "good character" references during sentencing.

A Coroners Court review of 1,172 suicides in Victoria between 2009 and 2016 found 24.5 per cent of the victims had experienced domestic and family violence.