THE LAW SHOULD NOT REWARD THE PASSAGE OF TIME

17,516

The issue

The law should not reward the passage of time.

A justice system should not inadvertently disadvantage a survivor because it took them years to find their voice

Help change Victorian law so that people convicted today of historical child sexual offences cannot receive sentencing options, including suspended sentences, that Victoria has since abolished.

Victoria's justice system should protect victim-survivors, hold perpetrators accountable, and maintain the community's confidence in it.

In 1985, when I was 10, I was sexually abused by a man in my neighbourhood who was also a primary school teacher and a swimming coach.

I reported the abuse to the police in 2019. In October 2023, after I had finally navigated the justice system, the perpetrator received a wholly suspended sentence. He was sentenced to imprisonment but served no time in prison.

That experience revealed something much bigger than my own case. For victim-survivors who find the courage to come forward decades after the abuse, the law should not produce an outcome that is out of step with contemporary expectations of justice and accountability.

From lived experience to legislative reform

In April 2024, the Sentencing Amendment (Sentencing Practices for Child Sexual Offences) Bill 2024 was introduced to the Victorian Parliament. The Bill sought to address the ongoing use of historic sentencing practices for child sexual offences.

On 1 May 2024, Michael O’Brien, Member for Malvern, moved in the Victorian Parliament to introduce a Private Member’s Bill to amend the Sentencing Act 1991 regarding sentencing for child sexual offences. In introducing the Bill, he told Parliament:

“This is an appalling loophole, and we must act as a Parliament to close it.”

Michael O’Brien reminded Parliament that the Royal Commission into Institutional Responses to Child Sexual Abuse had recommended in 2017 that sentences for child sexual abuse offences should reflect the sentencing standards at the time of sentencing, rather than those at the time the offence occurred. He also noted that the Victorian Government had accepted that recommendation in July 2018.

Six years later, the legislative gap remained. The Private Member’s Bill sought to change that.

Its purpose was straightforward: to prevent people convicted of historical child sexual offences from continuing to access sentencing options, including suspended sentences, that Victoria had since abolished.

But introducing a Bill is not the same as changing the law. That is why this petition still matters.

What I am asking Parliament to do

I am asking the Victorian Parliament to progress and enact sentencing reform consistent with the Sentencing Amendment (Sentencing Practices for Child Sexual Offences) Bill 2024.

Specifically, Victorian law should ensure that people convicted today of historical child sexual offences cannot access sentencing options, including suspended sentences, that have since been abolished simply because their offending occurred decades ago.

The principle is simple: the passage of time should not confer a sentencing advantage on an offender because a victim-survivor took years or decades to disclose their abuse.

These reforms are about ensuring that our laws recognise the extraordinary difficulty many victim-survivors face in disclosing childhood sexual abuse, particularly when disclosure happens decades later.

The recommendation exists. The legislation exists. What is needed now is action.

Why am I asking you to sign?

I know now that one voice can make a difference. My voice reached the media, political leaders and the Victorian Parliament. It helped bring attention to a sentencing law that I believe must change. But lasting reform cannot depend on one voice.

Your signature tells the Victorian Parliament that this issue matters beyond one survivor, one case or one political party.

It says that when someone is convicted today of historical child sexual offences, the passage of time should not give them access to sentencing options Victoria has since abolished.

This isn't about rewriting the past. It is about deciding what standard of justice Victoria applies today.

Please sign. Please share. 

The Decision Makers

Labor Government, Australia

Petition Updates