Sentencing for child sexual abuse in institutional contexts / Arie Freiberg, Hugh Donnelly, Karen Gelb.

Sydney : Royal Commission into Institutional Response to Child Sexual Abuse, 2015.

86983

Child sexual abuse -- Australia -- Prevention.

Child sexual abuse -- Australia.

Children -- Crimes against -- Australia.

Sentences (Criminal procedure) -- Australia.

Child sexual abuse -- Law and legislation -- Australia.

Prison sentences -- Australia.

Child molesters -- Australia.

Executive Summary

1. Sentencing: Background and Context

2. Principles and Purposes of Sentencing

3. Sentencing Factors

4. Sentencing Standards

5. Perceptions of Child Sexual Abuse Offences, Sentencing and Sanctions

6. Ancillary Orders and Special Provisions for Sex Offenders

7. Institutional Offending: The Limits of the Law

Appendix.

This Royal Commission was appointed on 11 January 2013 to inquire into how institutions with a responsibility for children have managed and responded to allegation and instances of child sexual abuse. To help the Royal Commission with its work, this report was commissioned to examine sentencing and alternative measures available for child sexual abuse offences in institutional settings in Australia. Information is provided on: the principles and purposes of sentencing, prosecution and attrition rates, denunciation and deterrence, community protection, factors considerd in sentencing, breach of trust, victim impact, prior criminality, offender age and ill health, current sentencing standards and levels, perceptions of child sexual abuse offences, organisational responsibility and criminal responsibility, criminal liability for concealing offences, sanctions that can be imposed upon organisations, and individual measures, including habitual criminal legislation, persons incapable of controlling sexual instincts, dangerous criminal declaration, supervision and detention orders, mandatory sentences, presumptive sentences, loitering offences, civil preventive orders, and sex offender registration and community notification. The report draws upon a review of institutional child sexual abuse cases from across Australia to learn more about the ways in which common law principles and statutes are applied.

Includes bibliographical references

Report for the Royal Commission into Institutional Responses to Child Sexual Abuse

9781925289206

[9], 283 pages ; 30 cm