Trigger Warning: The following article mentions sexual assault and may trigger some readers.
How much of an impact can one person alone have on the law? As a concept, the law seems daunting. In Australia, laws are created either through case precedent or legislature passed through the Lower and Upper Houses of Parliament — both are debated upon and added upon by many hands. It can be easy to believe that individuals have little impact on law, that it is a concept larger than any one person. While it is true that no one is above the law, individuals can and do impact, shape and change the law.
Activist, Nobel Peace Prize Nominee, and 2022’s TIME Woman of the Year, Amanda Nguyen changed the world by re-writing sexual assault laws at federal (USA) and international levels. [1]
Nguyen founded Rise in 2014, a year after she was raped at Harvard University. [2] Rise is a not-for-profit organisation, dedicated to advocating for survivors of sexual violence and assault. [3]. Together with Rise, she drafted and rewrote laws surrounding how sexual assault was handled, which eventuated in the unanimous passing of the Survivors’ Bill of Rights Act in 2016. [4]
The Survivors’ Bill of Rights Act amended the Criminal Code to create statutory rights for sexual assault survivors at a Federal level. [5] Changes in the law include:
Survivors would not be prevented from receiving medical examinations; [6]
Survivors would not be charged for medical examinations; [7]
Rape kits would be preserved for 20 years or to the maximum statute of limitations of the State — whichever is shorter; and [8]
Survivors would receive written notification before the destruction of their rape kit. [9] Prior to this amendment, the government could destroy rape kits, untested, at 6 months. [10]
Following in the wake of the 2016 amendment, Nguyen told TIME Magazine that, “we heard from over 1 million survivors…People from all over the world were writing in saying, ‘Hey, I’ve also experienced something similar’ or ‘I’m working on a similar law, can we join forces?’” [11]
Nguyen and Rise then decided to bring the issue to the United Nations, hoping to pass an international sexual assault survivors’ Bill of Rights to protect the billions of sexual assault survivors across the world. [12]
After 6 years of advocacy, in 2022, the United Nations General Assembly adopted the Survivors' Resolution unanimously. Formally titled ‘International cooperation for access to justice, remedies and assistance for survivors of sexual violence’, it condemns all forms of sexual and gender-based violence and urges all countries to provide victims and survivors access to justice, reparations and assistance. [13]
In an Instagram post celebrating the passing of the resolution, Nguyen wrote, “Silence is how rights die. This was the purpose of this resolution. To make each country step up and reckon with the issue. Demand that the world’s most powerful must speak about our rapes instead of sweeping it under the rug.” [14]
In addition to changing sexual assault laws, Nguyen is a powerful representative of people of colour, specifically Asian American and Pacific Islander communities. [15] During 2021, when hate crimes against Asians and anti-Asian hate were at record highs, Nguyen spoke boldly about how media coverage for these events was lacking. She said, “There are two people that we all have to impress in our lives and that’s our 8-year-old self and our 80-year-old self. I felt like those two people would encourage me to speak up and speak my truth and so I did.” [16]
[1] Amanda Nguyen <https://www.amanda.website/>.
[2] Reneau, Annie, Amanda Nguyen, the Rape Survivor Who Rewrote Sexual Assault Laws, Shares Her Story on Tiktok (September 27, 2022) Upworthy <https://www.upworthy.com/amanda-nguyen-tiktok-sexual-assault-survivor-advocacy>.
[3] Pearl, Diana, 24-Year-Old Rape Survivor Is Pushing Congress to Pass Sexual Assault Survivor Bill of Rights Time <https://time.com/collection/american-voices-2017/4478049/amanda-nguyen-american-voices/>.
[4] Ibid.
[5] H.R.5578 - Survivors' Bill of Rights Act of 2016 - Congress (July 10, 2016) <https://www.congress.gov/bill/114th-congress/house-bill/5578>.
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] Ibid.
[10] Pearl, Diana, 24-Year-Old Rape Survivor Is Pushing Congress to Pass Sexual Assault Survivor Bill of Rights Time <https://time.com/collection/american-voices-2017/4478049/amanda-nguyen-american-voices/>.
[11] Ibid.
[12] Rodriguez, Leah, Activist Amanda Nguyen Is Telling a Different Story about Sexual Assault through Clothes (September 16, 2022) Global Citizen <https://www.globalcitizen.org/en/content/amanda-nguyen-survivor-fashion-show-interview/>.
[13] Ho, Allison and Allison Ho, 'We Changed the World' Un Passes Historic Resolution Recognising Survivors of Sexual Violence Following Survivor-Led Movement (September 5, 2022) Women's Agenda <https://womensagenda.com.au/latest/for-the-first-time-in-world-history-the-un-has-passed-a-resolution-recognising-survivors-of-sexual-violence/>.
[14] Nguyen, Amanda, Amanda Nguyễn on Instagram: "Silence Is How Rights Die. That Was the Purpose of This Resolution. to Make to Each Country Step up and Reckon with the Issue. Demand That the World's Most Powerful Must Speak about Our Rapes Instead of Sweeping It under the Rug." (September 5, 2022) Instagram <https://www.instagram.com/p/CiGAgMeOVWy/>.
[15] Mansoor, Sanya, 'We Are in a Moment of Reckoning.' Amanda Nguyen on Taking the Fight for Sexual Violence Survivors to the U.N. (May 25, 2022) Yahoo! Sports <https://sports.yahoo.com/moment-reckoning-amanda-nguyen-taking-030232778.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAABBmeDMrhLB2Dtsc1LLJt6hazCInx6sCz8qy01FsrBpmemdkreKU9fMEAXPfO_-pHh_j0N5flyIHYyqbgQ4O6rCzca9_yESrDfXXisnnbE4ia_fG93G5RQCkVxClzyVvzbIFo2URfiFoaz8BxpAxBpvzkzdCQtxHMmCw2PCViWOm>.
[16] Ibid.
Written by Caroline Sinn
Edited by Mandy Peimin Li
Cover art designed by Mandy Li