Child sex offenders will no longer be saved from jail by ‘good character’
CHILD sex offenders will no longer be able to rely on their previous good character to fight for lighter sentences, under new laws to be introduced this week.
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CHILD sex offenders will no longer be able to rely on their previous good character to fight for lighter sentences.
New laws to be introduced on Tuesday will also prohibit child sex offenders from relying on a lack of prior convictions when fighting to stay out of jail.
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The new laws will apply only to sex offenders who have exploited their job or standing in the community to offend.
At present, offenders can point to examples of their previous good character and lack of prior convictions to argue for a prison term reduction.
But in a recently published report, the Royal Commission into Institutional Responses to Child Sexual Abuse recommended reforming sentencing for child sex offenders.
The Criminal Justice Report recommended “that good character be excluded as a mitigating factor in sentencing for child sexual abuse offences where that good character facilitated the offending”.
Attorney-General Martin Pakula said the new laws would ensure tougher sentences for child sex offenders.
“The abuse of children is a horrific crime. For too long, child sex offenders have used evidence of their good character to argue for more lenient sentences,” he said.
Mr Pakula said the Justice Legislation Amendment (Victims) Bill 2017 would make sweeping changes to better support victims of crime and hold offenders to account.
Other laws to be introduced include:
C HANGING publication restrictions in the Children’s Court to allow victims to share their stories publicly;
SCRAPPING the two-year limit for childhood victims to seek compensation; and
INTRODUCING intermediaries to help vulnerable victims give evidence.
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The news laws will lift a gag on victims of young thugs, leaving them free to speak out.
It followed a threat by Children’s Court president Judge Amanda Chambers that journalists could face large fines, or jail, for publishing articles that identify victims who want to tell their stories.
Under the reforms, victims would be explicitly excluded from the provision as it relates to disclosure of their own identities.
The Bill will also implement the introduction of the pilot scheme for intermediaries to help child witnesses or those with cognitive impairments to give evidence in court.
Special “ground rules hearings” will also be introduced to provide rules and guidance regarding the cross-examination of vulnerable witnesses and the use of intermediaries.