Queensland Law Society urges exclusion sexual violence in Adult Crime Adult Time laws
A leading peak legal organisation in Queensland is urging the government to remove rape from the next raft of Adult Crime Adult Time laws, despite high rates of sexual violence sweeping across the state at the hands of teens.
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The Adult Crime Adult Time bill before Queensland parliament received an overwhelming number of submissions rejecting further charges to the Youth Justice Act, with the Queensland Law Society strongly opposing the inclusion of rape offences.
The Queensland Government introduced the amendments to the Making Queensland Safer laws in April, and they are now before the Justice, Integrity, and Community Safety Committee for consideration.
The Justice, Integrity and Community Safety Committee received six submission in support of the changes, which included harsher penalties for juvenile offenders found guilty of 20 additional offences including attempted murder, rape, sexual assault, drug trafficking, and torture.
The committee received 16 submissions opposing the bill, most of which reiterated a lack of support for the bill altogether, and focused on human rights issues, a lack of transparency and evidence on why certain offences were included, and research evidence that shows detention does not address underlying problems or reduce offending rates.
However, the Queensland Law Society’s submission, singed by QLS president and Lander and Rogers partner Genevieve Dee, specifically denounced harsher sentences for rape and sexual violence offences.
“The bill does not provide any, or any adequate, justification for increasing the maximum penalty,” the submission read.
“The society is concerned that the amendments run foul of the longstanding principle of proportionality in sentencing.”
As part of the review process, the Justice, Integrity and Community Safety Committee (JICSC) is conducting a number of public hearings across the state, with the Queensland Law Society attending one in Brisbane last week.
Representing the organisation were the Queensland Law Society chair and Youth Advocacy Centre solicitor Damian Bartholomew, Queensland Law Society Criminal Law Committee chair and Bell Criminal Lawyers director Kristy Bell, and Queensland Law Society vice president and Thynne + Macartney partner Peter Jolly.
The trio were asked by JICSC chair Marty Hunt to elaborate on why the society strongly urged that rape offences to be removed from the bill.
Mr Bartholomew said, like all of the other attendees, they had no information or evidence explaining how the independent legal panel made its recommendations.
“The reason rape and sexual offences received particular note in our submission is that we were aware of the context in which juvenile sex offending can occur,” he said.
“There are particular nuances.
“(Sexual violence) offences that you see with children who are alleged to have committed these types of offences is very different in many cases from that which happens for adults.”
Mr Bartholomew conceded sexual violence was a serious offences, however said that it did not “necessarily merit them being included” in the bill.
He said police reports showed there are a “significant number” of sexual violence offences occurring in the state by juveniles, however caveated it by saying the offenders were rightfully diverted from the criminal justice system “because of the nature in which they occur”.
“There is a concern that may arise that if, in fact, these are included in the list of significant offences then there may be some indication to the police that they are less likely to be referred for diversion where previously they would have thought that was the appropriate course to adopt,” he said.
Statistics show a large number of sexual assaults committed by juveniles occur in a domestic violence setting, however a number of recent high-profile crimes show peers and strangers also fall victim to teenage rapists.
Justice, Integrity and Community Safety Committee member Russell Field noted a recent alleged rape in Cairns, where police allege a group of property offenders raped a woman during a home invasion.
“Isn’t it the Queensland Law Society’s role to support victims and fight for justice?” he asked.
Mr Hunt expanded on this, asking Mr Bartholomew if the Queensland Law Society believed victims had a right to justice, and recognised the further trauma that might be caused when perpetrators are given light sentences.
“The overwhelming feedback from victims is that they do not feel as though they have received justice from our system,” he put to Mr Bartholomew.
“There remains a high level of dissatisfaction among victims, would you concede that?”
Mr Bartholomew did not answer the question, and said the society had a strong position to see “victims properly recognised and properly taken into consideration”, and reiterated the organisation’s stance on reinstating restorative justice orders as a penalty option.
Upcoming JICSC public hearings will be held in Cairns on Tuesday, May 6, and Townsville on Wednesday, May 7.
Cairns Mayor Amy Eden wrote a letter of support to the committee, stating the bill reflected a “clear and necessary response to escalating community harm,” noting the community expected the justice system to protect it and hold perpetrators to account.
“Offences such as armed robbery, sexual assault, and attempted murder cause lifelong trauma and fear… they must be treated with the gravity they deserve,” she wrote.
“The public has spoken clearly, they want a justice system that doesn’t turn a blind eye to repeat and violent behaviour, regardless of age.
“Rehabilitation should always be a priority, but we must also acknowledge when it is not enough on its own.
“Accountability must have real weight, especially for crimes that cause significant harm to others.”
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Originally published as Queensland Law Society urges exclusion sexual violence in Adult Crime Adult Time laws
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