Federal Government declares war on child sex offenders with harsh new laws and tougher penalties
Life sentences, mandatory prison terms and a ban on bail form the core of tough new anti-paedophile legislation that will be introduced in Federal Parliament next week.
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Sex predators who use the internet to groom children and run perverse websites, or travel overseas to abuse innocents, face mandatory jail terms under proposed new Federal laws.
The Advertiser can reveal a draft bill, to be tabled in Parliament next week, will also increase the maximum penalty for some Commonwealth child sex offences to life behind bars.
The Federal Government says it is “at war” with paedophiles and wants legislation to “evolve” so it catches up to new, hi-tech forms of hurting children.
Its new bill follows on from Carly’s Law – named in honour of murdered SA schoolgirl Carly Ryan – and the record-setting sentencing of Adelaide sex monster Ruecha Tokputza.
On Monday, Attorney-General Christian Porter said sentencing trends, and the increasing number of alleged offenders released on bail, showed urgent action was needed.
“It simply beggars belief that 28 per cent of all offenders sentenced last year (for Federal crimes) were not required to spend a single day behind bars,” he said.
“And when jail terms were handed out, the average length of time offenders spend in custody was just 18 months.
“These changes will ensure that a jail term becomes the starting point for all child sex offenders, including a new life term for the worst offenders.”
However, Miss Ryan’s mother Sonya – chief executive of the Carly Ryan Foundation for online safety – said the proposed legislation did not go far enough.
She said maximum terms should be “dramatically” increased, over and above the mooted changes.
“We remain concerned the mandatory minimums in this bill won’t result in the harshest of penalties, especially when a guilty plea is entered which reduces the minimum,” she said.
“Sentencing of child sexual abuse crimes is long overdue but if paedophiles are back on the streets in no time despite doing mandatory jail time then we will be back to square one.
“It’s time victims and preventing harm to more innocent children was the priority when it comes to sentencing.”
Under existing legislation, paedophiles face between seven and 25 years’ jail for Federal offences of:
HAVING sex with a child outside Australia
USING the internet to groom a child or teenager
TRANSMITTING child exploitation material online
COMMUNICATING indecently with a child online
OPERATING a child exploitation website
IMPORTING child exploitation material into Australia
Minister for Home Affairs Peter Dutton said those sentences had to be increased to address the rising number of predators reported every year.
“Australian Federal Police received almost 18,000 reports of child exploitation last year, almost double the number from the previous year,” he said.
“These sorts of despicable crimes must result in significant penalties, not simply a slap on the wrist.
“Our Government is at war with these predators and all those who would seek to do harm to children.”
The legislative change will not impact upon the bulk of defendants appearing before SA’s courts, affecting only those charged with Federal offences.
Had such laws existed previously, Tokpuzta – who abused 13 children in person, and hundreds more through online exploitation – could have been jailed for life instead of 40 years.
Families SA predator Shannon McCoole’s 35-year term would have been increased because of the website he operated, providing exploitative material to other paedophiles.
The laws would have prevented child abuse pervert Alexander Anh Nguyen Tran from being bailed to live near schools and kindergartens.
They would also have blocked him from receiving a wholly-suspended prison term for his crimes.
Mr Dutton said the new laws would allow judges to impose cumulative sentences for multiple offences.
It would also block courts from considering an offender’s prior good character if that community standing helped them commit their crimes.
Bail considerations would be tightened, as would requirements for offenders to undertake rehabilitation programs and observe supervision upon release.
Mr Dutton said the Federal Opposition had not supported the reforms when they were last proposed, and urged them to do so this time.
“The message we are sending to paedophiles is that it won’t matter how good their lawyer is, a prison cell will be waiting for them when they are convicted,” he said.
“That is what the community expects, and what the Morrison Government intends to deliver.”
Ms Ryan said her Foundation had been calling on the Government “to progress this bill since it was introduced in 2017”.
“Sentencing for sexual crimes against children is woeful, sentencing outcomes do not reflect the lifetime of suffering endured by survivors of abuse – if they survive,” she said.
“Our laws should send a strong message not just to perpetrators that sexual crimes against kids will not be tolerated and the consequences will be harsh, but also to the courts about what the community expects when it comes to that harsh sentencing.”
Bravehearts founder Hetty Johnston said the Government’s proposed reforms had her “total support”.
“All convicted child sex offenders should have to complete a program and be assessed at the end of the program as to their ongoing risk to children,” she said.
“Only when that risk was assessed as being very low and that risk can be managed in the community should they be released.
“I support the Federal Government on this 100 per cent.”