UNIFORM LAWS IN AUSTRALIA FOR SEXUAL OFFENCES


UNIFORM LAWS IN AUSTRALIA FOR SEXUAL OFFENCES
The issue
In 1996 my daughter Alana who had just turned 16 was found dumped in the back of a driveway of a vacant house in Melton by persons unknown. She had been redressed and strong indications she sexually abused.Coroner Byrne could not rule out foul play at the initial Coronial Inquest and it remained an Open Finding. No one had come forward in regards so moments or whereabouts and whom she was with leading up to to her death remained unknown.The people who found her or put her in the driveway also remain unknown. After a prolonged police investigation the men responsible for the sex were identified through DNA samples 10 yrs later in 2010.They were incarcerated in the Ararat Prison. The Homicide Investigator and Investigative Officer attempted to interview the main suspects who turned out to be much older men unknown to family and friends. In retrospective age the oldest male was 65yrs while the younger one was in his 30's of Greek and Vietnamese origin. The elder man appeared to concoct a story while the older one obtained Legal Aid and refused to speak. No further witnesses had come forward. Despite the police efforts the family was informed they didn't have enough evidence for the prosecution of rape and of course my daughter was deceased.The older man refused to state how he came to be in the company of my daughter so many questions remained unanswered. The investigators stated that the Victorian Coroner hopefully would open a new Inquest into the death with their endorsement.It was also stated the Coroner had acquired new powers to place the men under oath and ask them the important unanswered questions given the men had now been identified and Witness Statements changed since the open finding. Refusal to answer questions by would be judged as being in contempt and likely imprisonement. With final hopes resting on this the newly appointed Coroner had failed to open up a new Inquest without any legitimate reasons being given.
To this day the myself and the family have had live with the the unanswered questions while these men are possibly going about their normal lives without any accountability. If the death had occured in WA both men would have been charged with rape and would have had to face court. In WA there is a clear age differentiation when sex can be performed in regard to a younger person. In QLD the eldest man would have been charged with rape as the laws for sodomy state the person must be over the age of 18yrs before such an act could occur. In both cases both men would have been forced to undergo questioning under appropriate court proceedings. The elder man would have had to state his case to prove his innocence. Unfortunately In Victoria no such laws as in WA or QLD exist and the laws pertaining to sodomy only related to animals at the time. So justice could not be served in the state of Victoria and all hope lost.Many more victims of crime would have suffered under the inquality of the National Laws for sexual crimes and abuse. It is time to review such laws and make them consistent nationally to appease any more suffering and allow justice to be obtained on a fair basis. In our modern age given we have made exponential advancements in a lot of areas then surely it's time to make our criminal laws more consistent nationally. I believe it's a National responsibilty to do so.

The issue
In 1996 my daughter Alana who had just turned 16 was found dumped in the back of a driveway of a vacant house in Melton by persons unknown. She had been redressed and strong indications she sexually abused.Coroner Byrne could not rule out foul play at the initial Coronial Inquest and it remained an Open Finding. No one had come forward in regards so moments or whereabouts and whom she was with leading up to to her death remained unknown.The people who found her or put her in the driveway also remain unknown. After a prolonged police investigation the men responsible for the sex were identified through DNA samples 10 yrs later in 2010.They were incarcerated in the Ararat Prison. The Homicide Investigator and Investigative Officer attempted to interview the main suspects who turned out to be much older men unknown to family and friends. In retrospective age the oldest male was 65yrs while the younger one was in his 30's of Greek and Vietnamese origin. The elder man appeared to concoct a story while the older one obtained Legal Aid and refused to speak. No further witnesses had come forward. Despite the police efforts the family was informed they didn't have enough evidence for the prosecution of rape and of course my daughter was deceased.The older man refused to state how he came to be in the company of my daughter so many questions remained unanswered. The investigators stated that the Victorian Coroner hopefully would open a new Inquest into the death with their endorsement.It was also stated the Coroner had acquired new powers to place the men under oath and ask them the important unanswered questions given the men had now been identified and Witness Statements changed since the open finding. Refusal to answer questions by would be judged as being in contempt and likely imprisonement. With final hopes resting on this the newly appointed Coroner had failed to open up a new Inquest without any legitimate reasons being given.
To this day the myself and the family have had live with the the unanswered questions while these men are possibly going about their normal lives without any accountability. If the death had occured in WA both men would have been charged with rape and would have had to face court. In WA there is a clear age differentiation when sex can be performed in regard to a younger person. In QLD the eldest man would have been charged with rape as the laws for sodomy state the person must be over the age of 18yrs before such an act could occur. In both cases both men would have been forced to undergo questioning under appropriate court proceedings. The elder man would have had to state his case to prove his innocence. Unfortunately In Victoria no such laws as in WA or QLD exist and the laws pertaining to sodomy only related to animals at the time. So justice could not be served in the state of Victoria and all hope lost.Many more victims of crime would have suffered under the inquality of the National Laws for sexual crimes and abuse. It is time to review such laws and make them consistent nationally to appease any more suffering and allow justice to be obtained on a fair basis. In our modern age given we have made exponential advancements in a lot of areas then surely it's time to make our criminal laws more consistent nationally. I believe it's a National responsibilty to do so.

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Petition created on 15 December 2015