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Drink Spiking and Sexual Violence Prevention

Published on: June 2023

Record: HANSARD-1323879322-132329

Drink Spiking and Sexual Violence Prevention

The DEPUTY SPEAKER (Ms Sonia Hornery):

The House will now consider an ePetition signed by 20,000 or more persons regarding mandatory spiking and sexual violence prevention training, lodged by the member for Newcastle. Before I call the member for Newcastle, I welcome the visitors to the gallery. I know that many of the visitors are local and have long had an interest in this very important matter. They are welcomed to the New South Wales Parliament.

The question is that the House take note of the petition.

Mr TIM CRAKANTHORP (NewcastleMinister for Skills, TAFE and Tertiary Education, and Minister for the Hunter) (16:00:38):

— In this place we often talk about reforms and debate legislation that is designed to keep people safe, including measures targeted at sexual violence and domestic and family violence. Such debates have been about consent, coercive control and court processes, just to name a few. But an issue that has not received much airtime in this place is the very serious issue of drink spiking. It absolutely needs to be spoken about. I know it is an issue of concern to many people, because that is why we are here today. More than 20,000 people signed a petition coordinated by Newcastle-based advocacy organisation What Were You Wearing? calling for measures to raise awareness, increased prevention measures and better support for people who may have had their drinks spiked.

What Were You Wearing? has done an exceptional amount of work to bring the petition to this place. I acknowledge all the volunteers in the gallery who have travelled to Parliament today to watch the debate. They have given so much of their time and energy to supporting people who have experienced sexual violence or domestic or family violence, and have campaigned so strongly to see it completely end. They have achieved an extraordinary amount in just a couple of years—well done. This may be the first time many members in this place have come across the group, but I am sure it will not be the last. The founder and Newcastle Local Woman of the Year, Sarah Williams, is with us in the public gallery. It would not surprise me at all if one day she is standing exactly where I am today.

Drink spiking is when a person deliberately adds another substance to a drink without the knowledge of the person who will be drinking it. It is a pretty scary thought. It often makes the person whose drink has been spiked extremely unwell. There could be vomiting, loss of consciousness and loss of memory. Terrifyingly, it can also be a method employed by perpetrators of sexual violence to impair their victims to a point at which they cannot resist or remember an assault. This loss of memory can result in fewer reports and therefore fewer investigations and fewer convictions.

We know that drink spiking and sexual assault is under-reported. That makes it even more concerning that, according to crime data, drink spiking is growing in prevalence across all corners of this State. It is at more than double the pre-COVID numbers. In fact, in 2022, there were 24 reports of drink spiking in the Newcastle local government area alone, which was 10 more than the previous year and gave Newcastle the second-highest number in the State. This is unacceptable. How do we call our State a safe place when these reports are growing in frequency? When you go out to a bar, a club or a nightclub, you are expecting to have a good time. You might be celebrating a birthday or enjoying some live music, or maybe you just have the night off and want to have a bit of fun. What you do not expect is to have your drink spiked, your night ruined and your body compromised.

Keeping people safe is not a job for one individual, which is acknowledged in the petition. We need to make sure that the venue and security staff know what to do when spiking is reported and are actually trained to respond. That includes taking every report seriously, seeking any required medical assistance and ensuring the ongoing comfort and safety of anyone who has been affected by a spiking incident. We also need to have the education on spiking there for people who are going out so that they know what they can do to reduce the risk of drink spiking and how to look out for their mates. This is the exact thing that What Were You Wearing? is doing. It is looking out for every person who wants to go to a venue, have a good night and get home safe and sound.

I am very proud to be supporting the organisation, and I look forward to soon being able to provide it with more assistance with this and with another fantastic initiative to provide safe spaces and trauma‑informed staff for patrons at music festivals. I expect every member of the House will get behind this petition and What Were You Wearing? as all stakeholders work together to prevent drink spiking and sexual assault.

Ms FELICITY WILSON (North Shore) (16:05:41):

I thank the member for Newcastle for bringing this petition to the attention of the House. It is a subject that we should all take an interest in, and it is important that we have the opportunity to discuss it here today. I acknowledge the Minister for the Prevention of Domestic Violence and Sexual Assault, who is present in the Chamber. All members in the House want to support the work that she is doing across the Parliament and across the State. I commend the more than 20,000 petitioners who have signed the petition. It clearly indicates that there is significant concern about this issue across the community, particularly in Newcastle.

As iterated in the petition, the increased incidence of drink spiking, which often, sadly, leads to sexual assault, is reflected in the 2022 Bureau of Crime Statistics and Research data showing that drink spiking in New South Wales was at its highest level in five years, with reported cases growing steadily each year despite the disruptions of COVID-19 lockdowns. I particularly acknowledge the Australian founder of What Were You Wearing?, Sarah Williams, who is with us in the public gallery, for her strong and tireless advocacy on this issue. I commend her for the work she has done and continues to do to shine a light on drink spiking.

It is incredibly difficult to speak out about issues relating to sexual abuse—about your own experiences and the impact they have had on you—but, despite those challenges, Sarah has spoken out. She continues to speak out, as she has said in the past, to see justice, not only for herself, but for everyone else. Sarah said, "I wanted to speak out about and show people that even if you don't speak yourself, if you want to anonymously report to our website, you can still have your voice." I thank Sarah for what she has done. I thank her for taking a stand against sexual assault and domestic violence and for being such a champion in supporting others across Newcastle, across the State and across Australia.

I note that the member for Port Macquarie, who wanted to participate in the petition take-note debate, instead asked me if I could speak. She has met with Sarah in the past. Unfortunately, the member could not speak today because she has lost her voice. I am not speaking for the member for Port Macquarie, but I know that I am speaking with her will and her sentiments and her support. I know that if she could utter the words, she would be saying wonderful things in recognition of Sarah and the things that Sarah has achieved and will continue to achieve.

The member told me that she had spoken with Sarah during the week, and that Sarah shared her insights on how we can tackle this issue, particularly by including the topics of drink spiking and sexual violence prevention in the Responsible Service of Alcohol [RSA] training. It is our understanding that in New South Wales the RSA course handbook does include a section on drink spiking, but the petitioners are of the view that it fails to adequately cover the signs and symptoms of spiking or the steps to address a suspected case. I myself have friends, colleagues, and young women I know and care about who have found themselves experiencing drink spiking. Sometimes it is not discovered until a day later or many hours after it has occurred. Sometimes it is only discovered because they have vigilant friends with them at a licensed premises, who have found them in a bathroom or found them at the bar, disoriented, and have stepped in to protect them.

No-one, particularly women, should ever find themselves in the position where they have to ensure that somebody is vigilant enough to look out for them. It is an incredible abuse of their liberty, bodily autonomy and safety, and we want to make sure that we prevent it. We also note that petitioners also propose spiking prevention kits, educational resources and posters in venues that will assist with patron safety awareness. I believe these are all worthy strategies and the member for Port Macquarie is in support as well. They should be considered in tackling drink spiking. We have previously seen similar campaigns, such as Ask for Angela, having a positive impact.

The member for Port Macquarie wanted me to reflect on the rollout of the Ask for Angela campaign in dozens of licensed venues in her electorate in 2018, which came about from a collaboration between the Hastings Liquor Accord, the Australian Hotels Association and the Mid North Coast Police District. It is an internationally recognised initiative that encouraged patrons to ask for help if they were getting unwanted attention or felt their safety was at risk. It was a really modern approach to a modern issue, and by asking for Angela people had the safety of subtly alerting staff, who could be a part of the support, to intervene. Staff could call police, organise safe transport or refer the patron to a support service. Having those posters at venues makes a real difference. I know that this petition in and of itself is helping us continue the conversation about how to ensure we have safe venues, safe nights out and safe environments for everybody, particularly women, who are considerably vulnerable to drink spiking across our community. I thank Sarah very much.

Ms JODIE HARRISON (CharlestownMinister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (16:10:50):

— I thank the member for Newcastle for bringing this petition to the House and for his support and advocacy to ensure people, particularly women and young women, remain safe. I also acknowledge the strong advocacy of the What Were You Wearing campaign, and particularly Sarah Williams, in raising the awareness of drink spiking by providing educational resources and, importantly, giving victims of sexual assault a voice.

I note the petition from What Were You Wearing that was tabled has reached 20,000 signatures, and that is no mean feat. Sarah and her team have put in many long hours, including attending festivals, getting signatures on nights out and running a social media campaign. Today, What Were You Wearing also held a powerful art exhibition at the front of Parliament House, showcasing outfits worn by sexual assault survivors at the time of their attack. I have attended that exhibition on a couple of occasions in the past, once with the Minister for Police. It is an incredibly impactful and disturbing exhibition.

There has been a shocking increase in reported incidents of drink spiking. Indeed, we have seen a rise of almost 50 per cent compared with pre-pandemic levels. In the year to June 2022 the NSW Police Force received 186 reports of drink or food spiking compared with 115 in 2015 and 119 in 2018. That is 71 more people who have gone for a night out, only to have their drink or food spiked. The most concerning thing, though, is that we know that less than one-sixth of suspected drink spiking sexual assaults are believed to be reported to police. We know that while drink spiking does happen to men as well, 87 per cent of drink spiking victims are women. As the Minister for the Prevention of Domestic Violence and Sexual Assault, and the Minister for Women, this topic is close to my heart. No woman should have to fear their drink or food being spiked when they go out just to have a good time. No woman should have to fear assault or sexual assault just because they have said no, only to then have their drink spiked and be assaulted.

This is what happened to Demi, who was at a nightclub in Newcastle when she was approached by a group of five men who surrounded her and pressured her into consuming drinks. When the venue closed, they tried to get Demi to leave with them, including by using force. By then she was beginning to experience sedative symptoms. Luckily for Demi, her friends intervened, causing the men to leave. But Demi continued to feel unwell, and she faded in and out of consciousness. Hospital staff later confirmed that her drink had indeed been spiked. The disturbing thing is that it was reported that the venue and security staff were not able to help Demi and did not take a report of the incident. This was the second time that Demi's drink was spiked at that venue. That incident was the genesis for the current petition before the House seeking mandatory drink spiking and sexual violence prevention training for all security for bar staff at nightclubs, including drink spiking prevention kits, educational resources and posters in venues to promote patron safety and awareness.

The Government takes the issue of drink spiking seriously, and I am sure that everybody in this place does. We condemn violence against women. Drink spiking is a criminal offence under the Crimes Act and penalties include fines and up to two years' imprisonment. I commend the Minister for Gaming and Racing, who is taking swift action to tackle this issue. I know that he will speak later. His actions include updating the drink spiking content in responsible service of alcohol training handbooks, exploring options to further promote the Think Safe Drink Safe campaign, adding drink spiking guidance to the liquor guidelines documents and reviewing the possibility of reinvigorating the Ask for Angela campaign that the member for North Shore spoke about. I finish by thanking Sarah and all those who share their stories with What Were You Wearing. Drink spiking needs more awareness and attention, and this is exactly what they have done. I commend the motion.

Mr KEVIN ANDERSON (Tamworth) (16:16:06):

I support the member for Newcastle in his efforts to keep people safe. I thank him for bringing this petition to the attention of the Parliament. Also, I thank those who signed the petition and the movement What Were You Wearing, which is very important. It is about education, and it is about awareness. As the former Minister for Hospitality and Racing, I took a serious view in relation to this issue and initiated the Think Safe Drink Safe campaign. I know that the current Minister for Gaming and Racing takes it very seriously as well. Part of the campaign was about education and awareness. The most effective way to reduce the chances of your drink being spiked is to keep an eye on what you drink and never accept drinks from people whom you do not know well or trust.

This is also about the responsible service of alcohol awareness and education campaign by Liquor and Gaming in terms of how those in the hospitality industry look at keeping their patrons safe. Part of that is around awareness, like being aware of unusual requests such as odd combinations of alcohol or drinks that are not on the menu. Other points include always measuring alcohol rather than free pouring to ensure alcohol is accurately measured, not serving patrons showing signs of intoxication, monitoring people who are consistently ordering big rounds of drinks, monitoring the environment, reporting suspicious behaviour to managers, removing unattended glasses and checking areas like bathrooms regularly. If a person feels unsafe, they may seek out staff assistance by asking for Angela. If staff are able, then they can discreetly take that person to a secure part of the venue and let their manager know. They can assess the situation and work out the best course of action. Also, staff should trust their instincts. If something feels wrong, then it most likely is.

Drink spiking is a criminal offence. Section 38A of the Crimes Act contains an offence against drink spiking. It is against the law to give another person food or drink that contains an intoxicating substance that the other person is unaware of with the intention of causing harm. It carries a penalty of two years' imprisonment and/or a fine of $1,100. That is the reason why we say report it. Call the police on 000. The NSW Police Force has the Drink Safe campaign, with drink coasters and single-use, self-adhesive drink covers that support and promote safe drinking being used in licensed venues across the State. Licensed venues in and around Sydney are being prioritised, but I encourage the police to expand the trial right across New South Wales. The covers and coasters depict an anti-drink-spiking message. It is about education and awareness for hospitality workers. Some of the warning signs include a person feeling dizzy, faint, ill or sleepy or being incoherent and confused. If a person feels drunk, even if they have only consumed a small amount of alcohol, they need to let someone in the venue know that something is not right.

This is about education and awareness. It is about keeping people safe. We all want to go out and have a great time at our pubs, clubs, restaurants and hospitality venues, and we want to do it in a safe way. I commend Liquor and Gaming NSW for the Think Safe to Drink Safe campaign. We must look out for our mates and look out for each other. People should not accept drinks and should always buy their own. They should not leave their drink unattended. There are a lot of areas where people can be diligent and look after each other when they go out and enjoy the night-life and the night-time economy in whatever town they are in—whether it be Newcastle, Sydney or Tamworth. Let us think safe. Let us make sure that we look after each other when we go out for a night on the town.

Ms JENNY LEONG (Newtown) (16:20:52):

On behalf of The Greens I contribute to the debate on the petition to make drink spiking and sexual violence prevention training mandatory for security and bar staff in New South Wales. I acknowledge the work of What Were You Wearing? Australia, a Newcastle-grown community organisation that is dedicated to the eradication of sexual violence. In response to a growing number of drink spiking incidences in their local community, members of the organisation took the initiative to stand up and demand change. I acknowledge the member for Newcastle for sponsoring the petition. It is wonderful. It is no easy feat to have a debate on a 20,000-strong petition and I thank the 20,181 people who signed the petition in support of these significant changes and reforms.

I also acknowledge the 14,000 people who shared their stories of when they have experienced drink spiking. It is a massive achievement to have this debate, but it is more important to hear the cross-party support across all parts of this Chamber in recognising that this is something we need to act together on to do more. Everyone deserves to be able to go out and have a drink while feeling safe, but we know that drink spiking happens and happens on a huge scale. There are clear links between people having their drink spiked and going on to experience sexual assault and violence.

This is also a gendered problem. Women are particularly at risk of this behaviour. While it is important to deliver on all of the suggested reforms in the petition, at the end of the day, we must step up and stop the perpetrators—the people who believe that they can spike a person's drink and then have some kind of claim of ownership over that person to do what they wish with them. The patriarchy and the arrogance and dominance of sexual behaviour in our society fuels a system and culture in our communities where people think it is acceptable to spike a person's drink and then do whatever they wish with them. The sexism and inequality that exists in our society enables that to fester, and we need to address it.

Shamefully, all too often, victim-survivors are not believed. Their experience is routinely dismissed. The scrutiny and vitriol that is levelled against them is shameful, toxic and relentless. It is critical to acknowledge that when people have their drinks spiked, too often they are not believed. They are instead routinely dismissed as having had too much to drink and being a bit too loose or too messy. They are kicked out of venues when they are in a vulnerable state and put in dangerous and extreme situations. That can then be further weaponised against them if they experience sexual violence, and it has a lasting impact on their trauma and causes harm to them, their communities, their friends and their families.

To anyone who has had their drink spiked, and to all survivors of sexual violence and assault, I say that we see you, we hear you and, most importantly, we believe you. Our night-life and venues need to be safer, and staff need the training and resources to make this happen, so that they can recognise when drink spiking has happened and know how to respond in a way that supports victims in those situations. Even better, we ideally prevent it from happening in the first place and take the appropriate steps in our community and society to stamp out sexual violence and assault in general.

It is also important to recognise that the responsibility should not sit with individuals and victim-survivors, which is why the incredibly named What Were You Wearing? Australia demonstrates the complete hypocrisy and irony of asking a woman, "Did you cover up the drink? Were you watching it? Did you leave it on the bar when you went to the bathroom? Didn't you ask someone to hold it or look at it for you?" Maybe we should ask the guy who just put something in that person's drink and was going to take them outside and assault them why they did that, rather than asking a person why they did not keep holding their drink close to them all night with a coaster rested on it in case they go to the toilet. That is the question that needs to be asked.

Too often, it is young women who are asked to answer questions, instead of the male being asked why on earth he thinks he is entitled to walk into a pub, drug a woman and then sexually assault them. That is the question we should be asking. We must continue to remind people that, at the end of the day, we should be focused on the perpetrators of that kind of aggression and violence. Rather than looking at how we can protect young women, we need to look at how we stop people from being such arrogant, patriarchal men. I was proud to be a part of the reform that delivered the absolute affirmative consent law reforms in New South Wales. I offer The Greens' support for the ongoing campaigning that What Were You Wearing? Australia is doing to end drink spiking and make sure that women, girls and everyone in our communities and bars are safe.

Ms TRISH DOYLE (Blue Mountains) (16:26:03):

By leave: It is important to note on the record and through our conversations in our communities, whether it is out at night or having a barbecue at home and chatting with friends, that drink spiking is a dangerous and increasingly common phenomenon in New South Wales, and that we are seeking to change that. Since the end of the COVID lockdown, as has been stated already in this place, reports of drink spiking and associated assaults have been on the rise. It is difficult to say whether those reports are due to an increase in reporting or an increase in incidents, but something has to be done.

The New South Wales-based organisation Full Stop Australia highlights that it is estimated that there are 3,000 to 4,000 occurrences of drink spiking per year in Australia; however, it is grossly under-reported. Data highlights that less than one-sixth of cases are reported to the police. I acknowledge the fantastic people from What Were You Wearing? Australia and all of the fantastic petitioners who have introduced this fantastic initiative of awareness-raising. They have aimed to collaborate with communities and with local nightclubs and venues to prevent drink spiking. They are calling for the implementation of mandatory drink spiking and sexual violence prevention training for security and bar staff at nightclubs and that, within that comprehensive training, we look at identification, prevention and response to drink spiking incidents. I thank them for bringing this petition to this place. I encourage them to keep having those conversations in the community with everyone they know.

It has already been noted that the dangers of spiking are extensive. It is important for members to continue to speak about this not just here but when they return to their electorates and talk to their friends, colleagues and families. People must look for the warning signs, which include feeling dizzy, faint, ill or sleepy, even if a person has only consumed a small amount of alcohol. I remember a young woman telling me that it is not just drugs in the alcohol but a whole range of additives that have caused alarm.

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