New laws would force judges to jail paedophiles with the worst offenders facing life
Judges would have no choice but to jail paedophiles under laws proposed by the federal government. In the most significant reforms to punishment of child sex crimes in 25 years, the tough new laws ensure the worst offenders would face life behind bars for the first time.
NSW
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Judges would have no choice but to jail paedophiles under laws proposed by the federal government.
In the most significant reforms to punishment of child sex crimes in 25 years, the tough new laws would ensure the worst offenders would face life behind bars for the first time.
Getting bail or parole would also become more difficult.
Attorney-General Christian Porter said “sweeping changes” were needed because the judiciary was out of step with community expectations.
“It simply beggars belief that nearly a third of all child sex offenders who were sentenced last year were not required to spend a single day behind bars, despite the devastating and lifelong impacts that their crimes have on their young victims and their families,” Mr Porter said.
About 300 paedophiles were convicted under Commonwealth offences last year, meaning about 100 walked free. In one NSW example, a judge suspended the 18-month sentence for a man convicted of one count of grooming a 14-year-old boy for sexual activity and five counts of using a carriage service to send indecent material to a person under 16.
The government’s proposal would mandate prison and there would be a presumption in favour of adding together the sentences for each offence instead of them being served concurrently.
The bill also prescribes the minimum sentence could be no less than a quarter of the maximum.
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The proposed laws are mainly aimed at online and international child sex crimes because state offences apply when there is physical contact between a predator and victim.
Home Affairs Minister Peter Dutton said the Australian Federal Police received almost 18,000 reports of exploitation involving Australian children or sex offenders last year, nearly double the number in 2017.
“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,” Mr Dutton said.
And while judges would still get to set parole periods, the Attorney-General could put offenders back in prison.
The bill is expected to be introduced to parliament next week with the Coalition confident of success.
The Coalition tried to get similar legislation passed in 2017 but failed after Labor would not support mandatory sentencing believing juries would be less likely to convict if they knew judges had no discretion on sentencing.
It’s understood Labor is also concerned that teens sexting could be caught in the new net.
Responding to the Government’s proposal, Shadow Attorney-General Mark Dreyfus said Labor strongly supported keeping children safe and “holding these horrendous individuals to account”, but he didn’t commit the party to backing the legislation.
“Overwhelmingly sex offenders are charged under state criminal law,” Mr Dreyfus said.
“We look forward to seeing the legislation the Government is proposing.”
Law Council of Australia president Arthur Moses SC said judges should not be reduced to being “rubber stamps of predetermined sentences”.
“We all agree these are heinous crimes that should be subject to severe sentences,” Mr Moses said. “The community is not interested in cheap law and order politics but solutions that prevent harm.
But “mandatory sentencing risks triggering unintended consequences that are at odds with the intention of the laws and fundamental principles which underpin the administration of justice”.
He said the Australian Law Reform Commission had previously recommended against predetermined sentences for federal offenders.