Changing child sex offence age will make little difference

The change to child sex laws announced by the government today is likely to result in an average increase of only 3 months in the actual sentences handed down by the courts for crimes against 10 and 11 year old children, Shadow Attorney-General Robert Clark said today.

“The announcement does nothing to tackle the main problem of judges giving sentences that are way below maximum sentences and way out of line with community expectations,” Mr Clark said.

The government has announced that it will increase the victim’s age at which a maximum jail sentence of 25 years will apply to the offence of sexual penetration from under 10 years old to under 12 years old. Above that age, the current maximum penalty of 10 years will continue to apply.

However, Sentencing Advisory Council figures show that the average sentence actually awarded for sexual penetration of a child under 10 years of age, where a maximum penalty of 25 years already applies, is currently only 3.3 years.

This compares with the current average sentence of 3 years for offences against children aged 10 or 11, where the 10 year maximum sentence currently applies.

On those figures, all today’s announcement is likely to do is increase the average sentence for this appalling crime against a 10 or 11 year old child from 3 years to 3.3 years – an increase of about 3 months.

“Changing the age levels for maximum penalties is going to achieve little if the government doesn’t tackle the main problem that sentences actually given by the courts are far below the maximums and far below what the community expects should apply,” Mr Clark said.

“Stephen Maurice, who pleaded guilty to sexual penetration of a child who had turned 10 years old just two weeks earlier, was sentenced to just 9 years with a minimum of 7 years, when he could have been sentenced to a total of 35 years for aggravated burglary and sexual penetration of a child aged under 16.

“Today’s announced change is hopelessly inadequate. It’s not good enough for Mr Hulls simply to change age levels so as to make an average three months difference in sentences handed down. He needs to ensure that the sentences actually imposed by the courts are in line with what the community is entitled to expect,” Mr Clark said.