Government makes third attempt at mandatory jail time for child sexual abusers

A third bid by the state government to introduce minimum mandatory sentences for child sexual abusers is underway, with one advocate agreeing it was time to stop “giving paedophiles a slap on the wrists”.

The Liberal government is once again promising to introduce mandatory minimum jail terms for child sexual abusers.

The legislation, which will be introduced to parliament later this year, will be the government’s third attempt at getting compulsory prison time for serious offenders over the line.

The previous two attempts were voted down in the Legislative Council in 2020 and 2017, largely due to Labor’s policy of not supporting mandatory minimum sentencing.

Following the recent Legislative Council election, the numbers are now considered more favourable to the government’s chances of getting the Bill passed.

“Any sexual offence against children is abhorrent, and the community rightfully expects that anyone who commits serious sexual offences against children should go to prison,” Attorney-General Elise Archer said in a statement on Monday.

Ms Archer said now, more than ever, mandatory jail terms “clearly” had strong support from the community and victim-survivor advocates.

The legislation will include provisions for four years’ minimum jail for rape where a victim is under 17, and three years for persistent sexual abuse of a child or young person in aggravated circumstances.

It will also feature two-year minimum terms for penetrative sexual abuse of a child or young person in aggravated circumstances.

The Sentencing Advisory Council has previously recommended against mandatory sentencing as it could lead to more offenders pleading not guilty, and more instances of victim-survivors needing to be cross-examined in trials.

Legal groups like the Law Society of Tasmania have also opposed the move.

Beyond Abuse CEO Steve Fisher said he “absolutely” supported the government’s plans, adding it was time to stop “giving paedophiles a slap on the wrists”.

“From my point of view, my experience over the past 20 years since I’ve been doing advocacy work, sentences haven’t changed,” he said.

“The sentences, if anything, have gotten lighter.”

Mr Fisher said last week’s sentence of a Devonport woman, who was given a minimum six-month jail term for sexually abusing a 13-year-old boy, was a case in point.

“To get six months is astounding,” he said.

Steve Fisher, CEO of Beyond Abuse. Picture: Chris Kidd

Mr Fisher said he thought the bill had a good chance of being passed this time, and said he would keenly lobby members of parliament to vote in its favour.

“I think members of the Upper House in the past didn’t really understand the ramifications of giving light sentences and the psychological damage it does to the victim.”

Meanwhile, Labor leader Rebecca White said on Monday the opposition was keen to increase maximum sentences for child sexual offenders.

“In the past, when it comes to the most serious offences against children, we’ve actually provided options for the government including increasing maximum sentences for those types of heinous crimes and the government has not supported that,” she said.

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