Victorian Labor has promised two new offences targeting gaps in family violence law if it wins another term at the November state election, including an Australian-first form of manslaughter for cases in which sustained abuse causes a person to take their own life.
Premier Ben Carroll announced the proposed overhaul on Sunday as part of a wider package covering family violence, sexual offences and sentencing. The plan would also create a specific offence for an abuser who abandons a victim needing urgent medical care.
New offences aimed at gaps in existing law
The proposed manslaughter provision is intended to recognise deaths by suicide that can be directly linked to domestic and family violence, including prolonged abuse and coercive control. Labor says creating a distinct legal pathway would help hold perpetrators accountable and allow authorities to record such cases more accurately.
A second offence would deal with perpetrators who leave an injured or seriously ill victim without medical assistance. The proposal follows coronial findings concerning Victorian women Belinda Jones and Narelle Simmons, whose deaths brought attention to the difficulty of prosecuting conduct that does not fit neatly within existing offences.
Jones, 40, died at her Maryborough home in July 2023 after being left overnight while suffering from bacterial infections and sepsis. State Coroner Judge Liberty Sanger later said that abandoning a family violence victim who required medical attention could itself be an act of family violence that reinforced a perpetrator’s control.
Simmons, 42, was found dead in her Cranbourne home in October 2021, nine days after her partner admitted assaulting her and leaving the property. The coroner could not determine whether she died immediately or later. Her partner pleaded guilty to common assault and failing to report a reportable death.
Higher penalties for rape and partner murder
The election commitment also includes raising the maximum penalty for rape in Victoria from 25 years to life imprisonment. Maximum terms for other serious sexual offences would rise by five years, while the standard sentence for murdering a current or former partner would increase from 25 to 30 years.
Persistent breaches of family violence intervention orders would carry a maximum of 10 years in prison, double the current five-year limit. The government also plans to amend evidence laws so courts can consider patterns of alleged sexual abuse during trials.
Further changes would seek to prevent humiliating or invasive questioning of victim-survivors in court. Labor says the measures are designed to reduce re-traumatisation while preserving the proper operation of criminal proceedings.
Consultation and implementation will be critical
The proposals remain election commitments rather than enacted law, and important details — including the elements prosecutors would need to prove for the new manslaughter offence — are yet to be settled.
University of Melbourne law professor Heather Douglas told The Sunday Age that broad consultation would be necessary when developing and implementing the reforms. Establishing causation in cases involving suicide is likely to require careful legal drafting, specialist evidence and safeguards.
Safe and Equal chief executive Dr Joumanah El-Matrah welcomed greater recognition of the link between prolonged family violence and suicide, saying victim-survivors and families deserved a legal system that reflected the full extent of the harm experienced.
Family violence remains a major justice issue
According to figures reported by Australian Associated Press, Victoria recorded 42 homicide and related offences connected to family violence in the 12 months to the end of March. There were 64,047 breaches of family violence orders, slightly below the previous year but substantially higher than the 54,118 recorded in 2022.
Carroll said being tough on crime must include action against family and sexual violence. The package joins a series of law-and-order commitments ahead of the November election and would require legislation after the poll before any of the proposed offences or penalties could take effect.
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