Media Release
Embargo 24 September 2009 12.00 a.m.
A report released today by the Sentencing Advisory Council recommends that the maximum penalty of 25 years, now applicable in respect of sexual penetration offences against children under 10, be extended to cover children aged 10 and 11.
The report is the Council’s response to a request from the Attorney-General, the Hon Rob Hulls, MP, for advice on the adequacy of the current maximum penalties for the offence of sexual penetration with a child under 16.
Council Chair Professor Arie Freiberg said, 'All sexual offences against children are inherently serious. This is illustrated by the current high maximum penalties for these offences. Offending against children under 10 is rightfully seen by the community as the most serious form of the offence because of the particular susceptibility to exploitation of such young children.
'Community perceptions of childhood have changed significantly since 1788 when English law arrived in Australia. And yet we are still somewhat reliant on the age limit set in a 1576 English law. The Council is of the view that it is time to increase this age to include children under 12.'
Accordingly, the Council has recommended altering the offence structure to:
- where the child is under 12 – a maximum penalty of 25 years imprisonment
- where the child is aged between 12 and 16 and under the care, supervision or authority of the accused – a maximum penalty of 15 years imprisonment
- where the child is aged between 12 and 16 – a maximum penalty of 10 years imprisonment.
The Council report also comments on current sentencing practices for these offences, and the perceived leniency of many current sentences.
'The Court of Appeal has already recently commented unfavourably on the current sentencing practices for sexual penetration offences. Our report suggests that the Court of Appeal is best placed to review these practices, and in doing so could consider using the mechanisms contained in the Sentencing Act to provide judges with relevant guidance.
'Judicial guidance would have greater effect on actual sentences for these offences than Parliament increasing maximum penalties', said Professor Freiberg.
Maximum Penalties for Sexual Penetration with a Child under 16 Report can be downloaded from our website.
