ACSVAW Preliminary Response on the Law Reform Commission's Consultation Paper on Sentencing and Related Matters in the Review of Sexual Offences
The Law Reform Commission today (12th November 2020) has released a consultation paper on Sentencing and Related Matters in the Review of Sexual Offences, below is the Association Concerning Sexual Violence Against Women’s preliminary response to the consultation:
1. The current offence of ‘rape’ can only cover the penile penetration of vagina, while the new offence of ‘sexual penetration without consent’ will be extended to cover assaulting behaviours that include penile penetration of anus/mouth, and the penetration of vagina/anus by objects. The new offence will be able to expand the legal definition of rape, reflect the severeness of different forms of sexual assault and provide fundamental protection which will include male and transgender victim-survivors of sexual abuse.
Applying the current penalty of ‘rape’ ( i.e. maximum: life imprisonment) to the future offence of ‘non-consensual sexual penetration’ will be able to strengthen protection for survivors that have experienced sexual assault that cannot be criminalised by offence ‘rape’ and have to fall under the offence of ‘indecent assault’, the maximum penalty of which is only 10 years’ imprisonment.
2. The Association has also been aware that this new consultation by LRC is partly overlapping with the previous Security Bureau’s consultation on image-based sexual abuse launched in July and completed in October 2020. In the security bureau’s consultation, the maximum penalties for voyeurism, intimate prying, and non-consensual photography of intimate parts (upskirting) is 5 years’ imprisonment. However in the LRC’s consultation, it is only proposed to be 2 years, far below the Security Bureau’s proposal.
The LRC’s proposed offence of ‘sexual exposure’ similarly covers behaviours that involve no physical touching, but still causes significant distress and fear for the survivors, its maximum penalty has been proposed to be 5 years’ imprisonment. We think the maximum penalties for voyeurism, intimate prying, and non-consensual photography of intimate parts should be raised so as to intensify its deterrent effects.
3. According to the experience at sexual violence crisis centre RainLily, the actual penalties for convicted sexual assault cases are very often far lower than the maximum penalties - even with ‘rape’ cases, most are below ten years. We consider this is indirectly lowering these offences’ deterrence, and more importantly, implying a major gap in the justice that survivors of sexual violence have hoped for.
Therefore we hope that other than law reform, the judiciary will raise the actual penalties sexual assault cases.
The consultation period will end on 11 February 2021, the Association will study LRC’s recommendations further and make submission to the consultation.