NSW widens scope of sexual exploitation laws
Adults of authority over teenagers will now face stronger criminal charges if they engage in any sexual activity with an underage person in their care under laws enacted by NSW.
Attorney-General Mark Speakman introduced the Crimes Amendment Bill 2020 aimed at strengthening the “special care” offences which hold to account any adults with authority who engage in sexual activity with 16 or 17-year-old teenagers.
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“NSW law recognises that it is an unacceptable, criminal breach of trust for adults in their positions of authority to engage in sexual activity with young people in their care, even if those young people are over the age of consent,” Mr Speakman said.
The existing laws criminalise adults engaging in sexual activity with 16 and 17-year-olds under their care with certain familial relationships, and in the context of schools and other educational institutions, youth justice centres and in the provision of health care. The act currently carries a maximum penalty of eight years’ imprisonment.
The proposed reforms will ensure any adult workers in youth residential care, refuges and homeless shelters will attract criminal penalties as well. The bill has also clarified that any school volunteers, adoptive parents and grandparents can be charged.
Mr Speakman added the Royal Commission into Institutional Responses to Child Sexual Abuses shone a light on the misuse of power by adults with a responsibility for children.
“The royal commission recognised the effectiveness of NSW’s special care offences and in the last two years, the government has expanded these laws to include teaching staff and authorised carers within the scope of the offences, as well as cracking down on any sexual touching of young people in their care,” Mr Speakman said.