Law allowing paedophiles to keep identities abolished
A LAW that allows paedophiles to keep their identities secret simply because they are “embarrassed” has been abolished after The Daily Telegraph exposed a case of a Dubbo abuser who managed to have his identity protected
NSW
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A BIZARRE law that allows sex creeps to keep their identities secret simply because they are “embarrassed” by their evil crimes has been abolished by the NSW Government.
Attorney-General Mark Speakman this week successfully passed new legislation amending existing laws which have allowed courts to grant suppression orders on the names of defendants in sex crime cases to avoid causing them “undue distress or embarrassment”.
Mr Speakman was inspired to make changes to the laws after The Daily Telegraph exposed a case of a Dubbo paedophile who managed to have his identity protected despite pleading guilty to 10 counts of child sex abuse that occurred on two young girls from his church from 1981-87.
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Not only was the 55-year-old man spared jail time, but the district court ruled that he could not even be referred to by his initials after his lawyer successfully argued that The Daily Telegraph’s reporting on the case had caused him “distress and embarrassment”.
Both of the brave victims, Louise Gass and Leanne Watson, had even waived the suppression orders on their own names in an attempt to have their abuser’s identity exposed.
Mr Speakman told The Daily Telegraph the new laws uphold the “important principle of open justice”.
“This principle underpins our legal system and there’s a strong public interest in requiring a defendant in a sexual offence prosecution to be identified unless there are compelling reasons why this shouldn’t happen,” Mr Speakman said.
Under the new laws, a defendant will only be able to suppress their name on the grounds of “embarrassment or undue distress” if there are “extreme circumstances”.
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Other changes also successfully passed as part of the legislation mean defence lawyers will also no longer be able to force sexual assault complainants to disclose the identity of their counsellors.
“Discussions between victim and counsellor are confidential and protected by a sexual assault communications privilege, but this hasn’t stopped some defence counsel from directly contacting complainants seeking their psychologist or psychiatrist’s name,” Mr Speakman said.
The legislation also addresses a bizarre Court of Criminal Appeal decision which that found prepubescent breasts were not considered ‘private parts’ for the purposes offences relating to child pornography.
The new definition will make clear that undeveloped breasts of a person identifying as female are private parts.
“(The new laws) make common sense changes to better enable our courts to deliver justice in these distressing cases,” Mr Speakman said.
Victims of Crime Assistance League acting chief executive Kerrie Thompson said most victims would welcome the changes.
“It’s a step forward in making it very clear society will not tolerate sexual offences and society has a right to know the identity of someone who is a defendant in serious sexual crimes,” Ms Thompson said.