SA Upper House passes laws to keep uncontrollable paedophile Colin Humphrys in prison
NOTORIOUS paedophile Colin Humphrys will remain behind bars after brand-new anti-paedophile laws, championed by The Advertiser, passed the Upper House.
Law and Order
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- Original ruling: Supreme Court rules Humphrys should be released
- Appeal: DPP takes Humphrys case to the Full Court
- The victim: Humphrys victim says ‘monsters never change’
- Sean Fewster’s analysis: How the legal system failed us
- Editorial: Time to heed victims’ call to protect our children
NOTORIOUS paedophile Colin Humphrys will remain behind bars after brand-new anti-paedophile laws, championed by The Advertiser, passed State Parliament.
On Thursday the bill — cracking down on predators who are unwilling or unable to control their sexual instincts — received bipartisan support in the Upper House.
The amended Bill passed the Lower House on Thursday afternoon.
The bill was sparked by The Advertiser’s opposition to Humphrys’ release, under the auspices of its Your Right to Know campaign.
The campaign included successfully fighting court suppression orders that would have kept the serial predator’s proposed release address a secret.
That victory, on March 28, prompted one of Humphrys’ victim — known only as XX — to break his 27-year silence and call for urgent legislative action.
It also prompted widespread community outrage as well as a yet-to-be-decided Full Court appeal.
In a statement on Thursday afternoon, XX said he had spoken out to encourage all sides of politics to reform the legislation that had allowed “an incomprehensible decision”
He said he was pleased his call, and that of the community, had been heard.
“I was shocked a man with a history of child sexual abuse spanning 30 years could be allowed into the community,” he said.
“No amount of conditions will stop a man like Humphrys preying on more children and the parole board and medical practitioners recognised that fact, yet he was still granted release.
“Paedophiles like Humphrys are persistent and cunning and they’re able to overcome significant barriers to satisfy their sick sexual urges.
“I sincerely hope the legislators have got it right this time and we don’t see a situation like this arising ever again.”
Humphrys, 66, has a criminal history that spans five states and three decades, and he is infamous for kidnapping XX, who is now an adult, in 1990-91.
Humphrys was given an eight-year prison term for taking XX, then 9, to Kings Cross in Sydney and abusing him after being introduced to him by fellow paedophile Laurie O’Shea.
It was the second time he had kidnapped a young boy and taken him interstate — the first incident occurred in Queensland in 1985.
In 2009, Humphrys was jailed for 10 years for abuse against another boy, 14, that began 30 minutes after they first met and continued for the next three years.
He was jailed indefinitely for that crime but, in 2014, mounted a campaign to secure release to live in the community on licence and under supervision.
Against the warnings of doctors who said he remained uncontrollable and the Parole Board who said he was beyond its capacity to monitor, Humphrys’ release was ordered.
Humphrys also wanted his proposed living arrangements, in Bowden-Brompton, suppressed but that bid was successfully opposed by The Advertiser.
The release order was due to take effect on May 14, prompting prosecutors to file an appeal — and XX to speak publicly for the first time.
In the wake of his comments, and with the support of the Carly Ryan Foundation, XX met with Attorney-General Vickie Chapman to discuss legislative reform.
Both the Government and Labor proposed almost identical laws to keep paedophiles in jail unless they were able to prove they were no longer a risk.
The prosecutorial appeal remains on foot before the Full Court, but Ms Chapman has assured the public the laws will passed in time to prevent his release.
Labor’s bill, which pushed for sex offenders to be ineligible for release if the Parole Board deemed it unsuitable, was defeated.
The Opposition also proposed “advanced age and infirmity” should not be a factor in a paedophile’s release if they refused to change their ways.
That was also defeated by the Government, the Greens and Advance SA’s John Darley.
However, the Government amended the bill to ensure paedophiles could be thrown back into prison unless they were permanently infirm, after fears were raised that sex offenders could “hoodwink” the courts.
If the Full Court rejects the appeal and grants Humphrys’ release, Mr Kimber is expected to use the new laws to apply to have his release revoked.
Acting Attorney-General John Gardner said it was “critical” that the law ensured a paedophile who was unable to control their sexual impulses remained in jail.
“That is why the Government took firm action to ensure the community and our children are safe from paedophiles,” he said.
Opposition Leader Peter Malinauskas said he was “relieved” the state was one step closer to ensuring Humphrys remained behind bars.
“I am horrified by the prospect of Colin Humphrys being released into the community,” he said.
“Dangerous paedophiles who are unwilling or unable to control their sexual instincts
should not be released into the community.”
XX was supported by both The Advertiser and the Carly Ryan Foundation in his push to change state law.
Foundation chief executive Sonya Ryan commended XX for his bravery in finding his voice to help prevent harm to others.
“I’m pleased the CRF was able to support XX in his political advocacy and help him put a human face and story to the harm Humphrys inflicted,” Ms Ryan said.
“The SA Parliament has recognised the enormous risk to the community if Humphrys and other sex offenders unwilling to control their instincts are released and acted swiftly to strengthen these sentencing laws.
“I hope this helps all legislators to see protecting our children should be paramount and focusing on release and rehabilitation of recidivist child sex offenders creates risks that are not worth taking.”
Law Society President Tim Mellor said it would have been “more appropriate” to review sentencing laws once the appeal against Humphrys’ release was finalised.
He acknowledged the “justiable alarm about a person with such a vile and heinous criminal history being released”, but said both major parties had introduced “hastily drafted Bills” with little consultation.
“Rushing through legislation significantly increases the risk of flawed laws that have unintended consequences, particularly if laws are made in response to an individual matter, and even more so if the matter is still before the court,” he said.
“The Society notes that the current laws direct the court to ensure that community safety is the primary consideration when determining whether to indefinitely detain someone.
“The interpretation of this law in relation to the Humphrys matter is currently being tested via the mechanism of an appeal, and we should at least await the outcome of the appeal before deciding whether reforms should be considered.”
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