Plea for Allan government to review its sentencing regime for sex offences after analysis

An analysis of Victorian sexual assault cases has revealed the shocking truth of the average jail terms given to rapists and those found guilty of sexual penetration of a child aged 12 to under 16.

Luke Merryfull, who was convicted of raping a friend at a party. Picture: Nicki Connolly

Sexual assault survivors are being left devastated by the low sentences handed to their perpetrators in court.

The average prison term given to rapists in Victoria in 2021-22 was just seven years and one month — less than a third of the 25 year maximum sentence for the crime.

Offenders sentenced for the sexual penetration of a child aged 12 to under 16 were also on average imprisoned for just three years — five times less than the maximum 15 year prison penalty.

The sentence averages, analysed by the Sentencing Advisory Council, are based on 31 rape and 17 child sexual penetration cases heard in the County Court of Victoria and Supreme Court of Victoria in 2021-22.

Sexual assault survivors are frequently ‘bereft’ at their attackers’ sentences.

Both offences are considered so serious they are subject to standard sentences of 10 and six years’ imprisonment, respectively, meaning the judge must regard these terms as “middle of the range of seriousness” when considering the offending and no other factors such as the perpetrator’s circumstances or plea.

Victims of Crime Commissioner Fiona McCormack told the Herald Sun sexual assault survivors are constantly left devastated by their attackers being regarded by the justice system as “lower range” offenders.

She called on the Allan government to review its sentencing regime for sex offences, including the implementation of standard sentences, to ensure sentence outcomes are in line with community expectations.

“Many times, I speak to victims and they are bewildered and bereft at why a sentence has landed in the range that it has,” Ms McCormack said.

“I’ve spoken to victims who have asked: ‘How much worse could the offending have been against me for the offender to receive the highest in the sentencing range?

“The impact on these victims is profound … To have gone through all of the trauma and distress of a sexual assault trial only for the sentence to be understood as equivalent to lower range offending can devastate victims.”

One case that sparked public outrage was the rape of a woman by Luke Merryfull and Shaun Bloomfield at a party in Balmoral in western Victoria.

Shaun Bloomfield. Picture: Nicki Connolly

Last April, following a seven-year court battle involving four trials, an appeal and two jury convictions – both men walked free from prison, serving just 19 months behind bars.

“Having two friends I trusted … assault me, this crime will always have an impact on my life,” the victim told the County Court.

In 2021 the Victorian Law Reform Commission released a comprehensive report recommending a system-wide reform to improve the justice response to sexual offences.

The recommendations have largely been ignored by the state government.

Sexual Assault Services Victoria CEO Kathleen Maltzahn said “people are being harmed by the lack of investment” by government.

She said the system needs to shift so that victims know they will be heard, supported and treated as survivors – not witnesses to a crime – in court.

“Changing the system will result in better outcomes for victims. They should feel like the process didn’t make it worse,” Ms Maltzahn said.

A government spokesperson said it has created significant reforms to ensure that sentencing for sexual offending “supports victims and provides a just outcome”.

“We are ensuring that sentencing outcomes are transparent and consistent with community expectations, while maintaining the independence of the courts,” the spokesperson said.

*The figures in this story relate to the sentences for crimes committed after February 1, 2018 when standard sentences were introduced.

The total average sentence for rape in 2021-22 was 6 years and 9 months. The average is based on 43 cases, which includes historical crimes committed before February 1, 2018.

The total average sentence for the sexual penetration of a child aged 12 to under 16 in 2021-22 was 2 years and 11 months.

The average is based on 28 cases, which includes historical crimes committed before February 1, 2018.