Victoria: Crimes Amendment (Sexual Offences and Other Matters) Bill 2014

Yesterday (21 August 2014), the Victorian Parliament introduced the Crimes Amendment (Sexual Offences and Other Matters) Bill 2014 (the Bill), which reforms the law relating to sexual assault and rape; changes the law in regards to child sexual offences and offers a new defence for children against sexting charges.

Background to the Bill

The Bill will make Victoria's sexual offence laws clearer, simpler and fairer by making various amendments to the definitions of key indictable sexual offences (including rape), removing redundant marriage exceptions to sexual offences against children, removing time limits on the prosecution of certain former sexual offences against children, introducing certain exceptions to child pornography offences for minors, and creating two new summary offences concerning distribution of intimate images. The Bill will also provide for a 'course of conduct' charge for multiple incidents of sexual offending and other specified offences (e.g. fraud-related offences).

The Bill amends the following legislation:

• Crimes Act 1958 in relation to sexual offences;
• Criminal Procedure Act 2009 to remove time limits on commencing proceedings for certain former sexual offences and to provide for a course of conduct charge;
• Summary Offences Act 1966;
• Sentencing Act 1991;
• Classification (Publications, Films and Computer Games) (Enforcement) Act 1995;
• Working with Children Act 2005;
• Jury Directions Act 2013; and
• Minor amendments to certain Acts and for other purposes contained in Part 7

Privacy, Reputation and Intimate Images

The Bill is also notable in Australia as Victoria has become the first jurisdiction to directly address the distribution of intimate images or "sexting", especially among children, and the subsequent criminal record it now implies.

The two new offences of distributing, or threatening to distribute, an intimate image, at clause 25 of the Bill, promote the protection of a person's privacy and reputation while protecting the right to freedom of expression where an adult has consented to the distribution of their intimate image. The consent exception does not apply to children due to their greater vulnerability and need for protection.

Attorney-General Robert Clarke said:

The new laws will also ensure that young people who receive or send raunchy but non-exploitative sexts are spared from child pornography offences and being placed on the sex offenders register. The changes are recommendations of a parliamentary inquiry that was triggered by reports in The Sunday Age of young people whose career prospects were ruined after they were caught with intimate images and placed on the register.

Young people under 18 who create, possess or distribute a sext of themselves or another child who is less than two years younger will not be guilty of a child pornography offence. But this will not apply to images that capture a criminal offence such as a sexual assault, and the exceptions will not apply to adults. Under previous laws, sexts were classified as child pornography when they depicted people under 18, even when the subject of the photo took the image and willingly sent it to others.

Attorney-General Robert Clarke commented:

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Crimes Amendment (Sexual Offences and Other Matters) Bill 2014 as reproduced in TimeBase LawOne

SMH Article - Australia's first sexting laws to be introduced