Return to normal view

Council Seeks Views on Maximum Penalty

20 March 2009

The Sentencing Advisory Council today released a consultation paper that is seeking views on the adequacy of the maximum penalties for the offence of sexual penetration with a child under 16.

Council Chair, Professor Arie Freiberg, said, “Australian law recognises the necessity for children and young people to be protected against anyone who forces or tries to persuade them to participate in any type of sexual activity”.

The Victorian Crimes Act contains numerous sexual offences that relate specifically to children, and others that people can be charged with if they sexually abuse a person of any age, including a child. What a person who sexually assaults a child is charged with will depend on the circumstances of the offence.

In this project the Council has only been asked to consider the adequacy of the three different statutory maximum penalties that currently exist for:

• sexual penetration with a child aged between 10 and under 16 - 10 years' imprisonment;
• sexual penetration with a child aged between 10 and under 16 and under the care, supervision or authority of the offender - 15 years' imprisonment; and
• sexual penetration with a child under the age of ten - 25 years' imprisonment.

“We know that it’s going to be difficult for people to talk to us about such an emotionally charged subject as abuse of children, however it will be crucial for the Council to hear the range of views and opinions in the community”, said Professor Freiberg.

The Sentencing Advisory Council has simultaneously released a Statistical Report that provides an overview of sentencing trends for a range of sexual offences that were sentenced by the higher courts in Victoria between July 2006 and June 2008.

The Consultation Paper and Statistical Report can be obtained by contacting the Sentencing Advisory Council, or downloaded from our website.

Submissions on issues raised in the Consultation Paper can be made to the Sentencing Advisory Council up until 1 May 2009.