Tasmanian child sex offenders will now face mandatory minimum sentences for their crimes, despite the Sentencing Advisory Council recommending against the reforms.
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Under the new amendments to the Sentencing Act 1997, adults who commit sexual offences against children will be sentenced as follows:
- Four years’ jail for the crime of rape;
- Four years’ jail for maintaining a sexual relationship with a child whereby aggravation is involved and the crime of rape is committed;
- Three years’ jail for maintaining a sexual relationship with a child whereby aggravation is involved and the crime of rape is not committed;
- Two years’ jail for having sexual intercourse with a child whereby aggravation is involved.
These sentences will not apply to offenders under the age of 18 or to people with mental impairment.
The bill to amend the act passed the lower house on Tuesday afternoon.
While they recognised the terrible nature of the crimes in question, both Labor and the Greens opposed the bill.
The SAC’s report on Mandatory Minimum Sentencing for Serious Sex Offences Against Children concluded that there was “no evidence” to suggest mandatory minimum sentences would act as a deterrent and, indeed, that they may reduce the likelihood of offenders entering guilty pleas.
But Acting Attorney-General Matthew Groom said the bill was an “appropriate and sensible measure”.
He noted the Sexual Assault Support Service and Equal Opportunity Tasmania were “broadly supportive” of the legislation.
Mr Groom suggested Labor and the Greens were “hell-bent on trying to make some cheap political point” by opposing the bill.
Greens justice spokeswoman Rosalie Woodruff claimed the bill could cause “significant harm”.
“Mandatory minimum sentences are an affront to the rule of law,” she said.
“[They] require that a judge impose a heavier sentence than that judge considers to be appropriate.”
For similar reasons, Opposition justice spokeswoman Lara Giddings said Labor opposed mandatory minimum sentences altogether.
Child welfare advocacy group Beyond Abuse, on the other hand, supported the move.
“As a community, we need to do everything possible to deter sexual predators from committing these heinous crimes” Beyond Abuse spokeswoman Grace Tame said.
