Mandatory minimum sentencing for offenders of sexually based crimes against children
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The aim of this petition is to ensure any and all persons who are convicted of a sex crime that involves children are classed as SVO (Serious Violent Offenders - this means that they will have to serve at least 80% of their sentence inside prison), and increasing the mandatory minimum sentence that the offender receives - for every year under the age of consent the victim is, their sentence is increased by 1.5 years, served consecutively with the sentence imposed by the judge.
The current legal precedent for sexual based offenses against children that are currently in place are neither:
1) Suitable punishment for the persons convicted - As it stands currently, a person convicted of a sexual based crime against a child will spend, a few years in a protection unit within a prison - They are separated from the vast majority of all other prisoners. After which, they are released back into society, often while the victim is still a child. The punishment doesn't fit the crime. The offender loses, at worst a few years of freedom, whereas the victim loses their childhood and often will have numerous issues throughout their life that can include things such as, but not limited to: trust and psychological issues, physical and/or internal trauma (permanent in some cases) effectively ensuring that the victim is left to serve a life sentence.
2) A Sufficient deterrent for individuals wishing to engage In the same behavior - A sentence's purpose is to punish for the convicted, ensure the safety of society and to act as a deterrence for other like minded individuals. The current sentences do not appear to be enough of a deterrent. This can be seen in the recently released report by the Crime Statistics Agency, which shows that in the period of 2008- 2018, crime of a sexual based nature with victims under the age of 15 had more then doubled.
Often judges will use mitigating circumstances when deciding the sentence - meaning that they take into account good deed that the offender may have done before or after being convicted, the contribution that they have made to society, etc. As far as I am concerned, there is nothing they can do to change what they did. There is no action any perpetrators of crimes like this can ever do to deserve leniency.
The current legal system seems to think that a just punishment for this type of vile crime, is a few short years. Just punishment refers to the length of the sentence in the manner that the community deems fair in all of the circumstances. Let me explain one particular recent case, let's see if you agree that the punishment handed down was just.
*Please note the following section contains details of an actual crime, please skip the next paragraph if this content may disturb you*
The individual pictured in the image of this petition, is Mohammad Al Bayati. Mohammad worked as a security guard at the Homebush DFO. On December 18, Mohammad was sent down to the playground after receiving a report about a lost child. There is CCTV footage that captured him approaching the 3 year old victim, kneeling down and speaking to the little girl and waiting whilst she tied her shoelaces. He then took her by the hand and led her down a fire escape tunnel, after which the pair disappeared around a corner for 11 minutes before re-appearing and heading back to the play ground. In the 11 minutes that the pair were not in view of the camera, the convicted "man", touched the young girl through her underwear, whilst pleasuring himself in front of her. He continued this, until he ejaculated and then after adjusting himself, proceeded to lead the 3 year old victim, back to the playground. He then decided to lecture the distressed mother about the dangers of leaving a child alone in a shopping center. The "Just Punishment" in this case was determined to be a maximum sentence of 4.5 years, with the offender being eligible for parole after 2.5 years. Do you think that this sentence is just? I certainly do not. I also wonder whether that judge would be comfortable leaving their own child or grandchild alone with the offender after they have served the minimum 2.5 year sentence.
I fail to comprehend how anyone is able to come to the conclusion that this individual has paid his debt to society and victim after serving a maximum sentence of 4.5 years, or how between 2.5 and 4.5 years are seen as a suitable deterrent for any other opportunistic child sex offenders.
Under the changes proposed by this petition, with the victim being 3 years old at the time of the offense, and the legal age of consent being 16, that means that under this petitions proposal, the sentence would be at least a 19.5 year sentence, and be required to serve at least 80% of that, which is 15.6 years.
It is my belief that if the offender thought that there was a possibility that he would have to potentially serve 19.5 years in jail - there is a high change that he would not have taken the risk and that this little girl would be enjoying Christmas like a normal child should, rather than thoughts and images go through her mind that no child should be exposed to.
No longer can we stand by and accept that the sentences these pathetic, predatory, "people" receive are suitable. We have a responsibility to ensure that our children are safe and strive to do everything without power to ensure their ongoing safety. The legal system is failing our children. The system appears to care more about the offender being given a second chance, than the victim, who will never be able to get a second chance, or pretend the crime never occurred. If the vile, pathetic, poor excuses for "men" like Mohammad above make a conscious decision to hurt someone as innocent as that 3 year old girl, then they should spend at least 20% of their life behind bars.
Australia, The rate of sexual crimes against children under the age of 16 is increasing, so join me and lets send a message to every sex offender out there - its time to let offenders of child sex crimes know that we will tolerate this no more. It is time that they fear the sentences they receive, rather than our children and their families fearing that the monster who turned their world upside down will be released within a few short years.
We, together as a society, must be the voice for those that are too young to comprehend that what is happening is wrong, or for those who cannot themselves, but we can only do it if we are united!
Even if only a single child is spared having to experience this, or a single offender locked away for a sentence that is fitting of the disgusting crime they committed, then it would be worth it.
If you agree, Please sign so that our voice and message are heard Australia wide.
Thank you for taking the time to read and consider this.
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The goal of this petition is to gather sufficient supporters so that we may lodge an official e-petition that is able to be presented to the House of Representatives (AHP). Once we have sufficient support and have lodged with the AHP, a request will be sent to all who have signed this to also sign the officially recognised e-petition. We will have a 4 week window to work with once the application has been created.
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