Child rapists repeatedly set free in Australia

The "sickening" lack of justice for child rape victims, even after courts find their attackers guilty, has left children's advocates despairing. Some say this apparent disregard for abused children could embolden child sex predators and discourage victims from seeking justice. Fewer than a third of rapists convicted of abusing children aged over 10 see the inside of a jail cell. Of the handful who are imprisoned, the sentences average just two years.

Figures obtained by The Sunday Age from three Sentencing Advisory Council reports show that men aged over 40 who rape minors - especially those in their care - are more likely to be sent to jail than younger offenders, but many still escape prison terms. If the rapist is aged under 20 and the victim is over 10, the rapist is almost certain to walk away with a community-based order. The figures come in the wake of comments by the Director of Public Prosecutions, Jeremy Rapke, who accused judges of being insensitive to child sex victims' suffering after Justice Michael Kelly ridiculed the impact statement of a man who was raped as a 13-year-old by a 24-year-old male.

The figures relate to a five-year period from June 2001, when a total of 307 people (including 11 women) were convicted of raping children aged under 16. Fewer than half, just 141, were sent to jail. But a breakdown of the figures reveals a wide variation in sentencing patterns depending on the victim's age. Victoria's County and Supreme Court records show that of the 193 people convicted of raping children aged 10 to 16, just 60 were jailed; 39 received wholly suspended sentences.

Childwise chief executive Bernadette McMenamin said the low sentencing rate for sex crimes against children over 10 showed many victims were being treated as adults by the courts. "Child sexual abuse is child sexual abuse," she said. "No matter what the age or age difference. You are still a child and people fail to recognise that - it is still childhood." The abuse of an older child could sometimes have a more devastating impact.

Another report, on the sentencing of rapists of children under 10, revealed higher imprisonment rates, with 59 of the 86 rapists being sent to jail. The third report examined the treatment by the courts of adults who raped children in their care, authority or supervision. It showed judges were least tolerant of predatory teachers, foster parents, youth workers, sports coaches, religious ministers and health professionals, with 22 of the 28 who were convicted being sent to jail.

But children's advocates say the overall low imprisonment rates will not deter child sex abusers. They fear they will instead discourage victims and their families from reporting child rapes - the vast majority of which never make it to court. Australian Childhood Foundation chief executive Joe Tucci said the low imprisonment rate was appalling. A Royal Children's Hospital study of 106 children who were sexually abused, showed charges were laid in just 12% of the cases, and only five resulted in prosecution, he said. "Without convictions and punishment it reinforces for these children what these perpetrators have told them 'You are to blame, you made me do it because you didn't say no the first time'. It's sickening. We fail our children all the time," Mr Tucci said.

Sentencing Advisory Council chairman Professor Arie Freiberg said an offender's age seemed to determine whether they were jailed. He said the heaviest sentences were dealt to adults in positions of authority or care. "It's as much about breach of trust as it is the sexual offence," he said. "These children are not only unable to consent, but the age group is so significantly different . there can be no excuse that she was my 'girlfriend'."

Former prison chaplain Father Peter Norden said jail was no place for young sex offenders because it linked them with recidivist sex criminals. Instead, health, social and educational interventions worked best in rehabilitating young offenders. Childwise will release a booklet next month to help parents recognise potential predators.

Source (Via Australian Politics)



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