On the 30th June
2010, Ann introduced the
Criminal Law (Sentencing) (Mandatory Imprisonment of Child Sex
Offenders) Amendment Bill 2010 to require child sex offenders
to serve a minimum sentence of imprisonment.
The Bill seeks to impose mandatory minimum prison sentences
of one-third of the maximum penalty
on paedophiles aged over 18 who sexually abuse a child aged 13
years or younger. The sentence cannot be suspended.
“The sexual abuse of a child is the most heinous offence and deserves a
punishment that reflects the severity of the crime and the harm
that it causes,”
Ann Bressington said after introducing the Bill.
“However, far too often paedophiles walk free from court on a suspended
sentence or receive a non-parole period of only two or three
years. When this happens victims and their parents rightly feel
they have been denied justice.
“Minimum
mandatory sentencing will ensure paedophiles are taken out of
circulation and put in prison where they belong.”
As
an example of an offender released on a good behaviour bond and
the anguish this causes the victims parents, please see the
Advertiserarticle,
Public Warned about Abuser.
Below
are some of the offences and the minimum non-parole periods that
would apply:
Section of the
Criminal Law Consolidation Act
Offence
Minimum Penalty
48
Rape
10 years
48A
Compelled sexual manipulation
5 years
49
Unlawful sexual intercourse
3 years
and 4 months
50
Persistent sexual exploitation of a child
10 years
56
Indecent assault
10 years
59
Abduction of a male or female person
6 years
60
Procuring sexual intercourse
3 years
and 4 months
63
Production or dissemination of child pornography
4 years
63B
Procuring a child to commit an indecent act
4 years
66(1)
Compelling a child to provide commercial sexual services
10 years
72
Incest
3 years
and 4 months
To read
Ann's speech when introducing the Bill,
please click
here. To learn more about the Bill, see the below video.
An example
of a child sex offender who would have been in prison
rather than out reoffending against children, is Mark
Trevor Marshall. Mark Trevor Marshall has a history of
sexually abusing vulnerable children dating back to
1987, when he was convicted of 13 counts of indecent
assault against children and was sentenced to a
three-month suspended sentence. The last time he was
released back into the community he sexually abused
children three times in a year. Below is a Today Tonight
story covering his offending and the impact it has had
on his victims:
On Thursday, 15th September 2011, Ann along with the FaceBook
group
Keep Mark Trevor Mashall in Jail held a protest
on the steps of Parliament calling for mandatory
imprisonment of child sex offenders.
Several victims and their family members spoke out
against the lenient sentences too often imposed on
paedophiles. As an example, victims spoke of Mark Trevor
Marshall recieving suspended sustences, only to be
released into the community and reoffend. They spoke of
their anger at Mark Trevor Marshall again being
released, despite being 'indefinitely detained' in 2009
for being 'incapable of controlling, or unwilling to
control, his sexual instincts'. To download the flyer
about Mark Trevor Marshall, click
here.
UPDATE: Despite the Supreme Court
considering his release, Mark Trevor Marshall was found
to have child pornography in his cell at Yatla Labour
Prison, as revealed in The Advertiser article
Caught with child porn in jail cell. While he
is yet to be charged and is still subject to a Police
investigation, surely his continued offending whilst in
prison reveals he is not and never will be fit to be
released into the community.
Ann is calling on everyone who supports her Bill for
mandatory imprisonment for child sex offenders, which is
currently before Parliament, to sign the petition, which
can be downloaded
here.
Ann recently wrote to the Director of Public
Prosecutions, Stephen Pallaras conveying Mr Marshall’s
threat to the community and expressing her desire for him to remain
incarcerated. A copy of Ann's letter and the DPP
response can be found
here.
