NSW Bill To Increase Maximum Sentence For Child Sexual Assault To Life Imprisonment

Monday 18 May 2015 @ 11.26 a.m. | Crime

The NSW Government has introduced a bill into Parliament that would make the sexual assault of a child punishable by life imprisonment.  The Crimes Legislation Amendment (Child Sex Offences) Bill 2015 was introduced into the Legislative Assembly on May 12th, and is currently awaiting second reading debate.

Background to the Bill

Currently, under section 66A of the Crimes Act 1900 (NSW), the current maximum penalty for the offence of having sexual intercourse with a child is 25 years, and in circumstances of aggravation the maximum penalty is life imprisonment.  The amendments in the Bill remove this distinction, so that the basic offence carries the maximum penalty of life imprisonment.  The Bill also amends the Crimes (Sentencing Procedure) Act 1999 (NSW) to set new standard non-parole periods for various child sex offences.

Reaction to the Bill

In her second reading speech, Attorney-General Gabrielle Upton said:

“The bill delivers on a key election promise to introduce new laws to better protect and deliver justice for children. It will help bring sentences in line with community expectations. As a former Minister for Family and Community Services, I believe that we can and should do more to support our child victims. The reforms have been informed by the work of the Joint Select Committee on Sentencing of Child Sexual Assault Offences whose report, "Every Sentence Tells a Story", was tabled in October 2014.

The New South Wales Government is strongly committed to better protecting our children and delivering justice through appropriate punishments for those who commit child sexual assault offences and fully endorses the underlying objectives of the committee's recommendations. A number of recommendations were directed at increasing sentences for the most serial offending against our children. The bill implements key recommendations of the committee in this regard.

They are: first, to impose a maximum penalty of life on a new consolidated offence of sexual intercourse with a child under 10; and, secondly, a recommendation to expand the standard nonparole period scheme to include a number of child sex offences.”

Leonie Sheedy from the Care Leavers Australia Network told ABC News that she welcomed the changes, and hoped that they would encourage more victims to come forward and tell of their abuse.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Crimes Legislation Amendment (Child Sex Offences) Bill 2015 (NSW) and second reading speech - available from TimeBase's LawOne Service

Child sex offenders in NSW to face life imprisonment under new laws: Attorney-General (Cassandra Bedwell, ABC News, 10/05/2015)

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