Monday, 15 June 2020
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019; In Committee
Thank you, Senator McKim. I suppose I can only reiterate that there is judicial discretion and that part of that judicial discretion suggests that the penalty must be in the public interest. Bear in mind, too, that the victim must be under 16, because 16 is the age of consent. Moreover, history suggests that this does not happen. All the examples that you gave are entirely hypothetical; they are entirely hypothetical because they haven't happened in real life.
Senator Pratt interjecting—
Of course they have, Senator Pratt. You know that. But, as you also know, those young people have not been prosecuted and would not be subject to this.