Top

Child sex offences Issues Paper Welcomed

Thu 10 May 2012

Brian Wightman

Attorney-General

The Attorney General, Brian Wightman, today welcomed the release
of an issues paper on sexual offences against young people.

Mr Wightman thanked the Tasmanian Law Reform Institute for the
paper that was commissioned by the State Government after the case of the
prostitution of a 12-year-old girl.

"The paper is a comprehensive response to a complex matter," Mr
Wightman said.

"It highlights the current laws and examines options for reform
including:

  • When mistake as to age should be available as a defence to sex
    offences;
  • Whether the onus should be on the accused to prove mistake as to age as a defence to child
    sex offences or whether the onus should be on the prosecution to disprove
    mistake as to age.

"These are serious matters that go to the very essence of our
criminal law and the need to balance the protection of society against the
rights of an accused to a fair trial.

"My personal view is that in light of this case, and the
arguments raised in the issues paper, we should move to introduce a no defence
age in Tasmania, so that defendants would not be able to use the excuse that
they did not realise the person was underage, when they are below a
specified age, as a defence.

"As a government we are committed to being responsible
about the way we approach legislative reform, and we are also committed to
ensuring any amendments to the existing law are sound and have community
support. 

"This is a matter that we know is very close to the heart of
many Tasmanians and I urge Tasmanians to respond to the questions raised in the
paper."

Mr Wightman said the paper is available at the Institute's web
page at www.law.utas.edu.au/reform and responses should be made in writing by 29 June
2012.