Australia: Want to ruin someone’s life? New law can help you.
As of this week, a new law in Queensland will make it a crime to “not report a belief of sexual offending against a child to police. While that might seem like a well-intentioned law to crack down on sexual abuse of children, the threat of criminal punishment for not reporting a “belief” is a pretty scary thing. Especially when the penalty is up to three years in prison.
Note, the law doesn’t punish failure to report knowledge of sexual abuse, the threshold for mandatory reporting is “belief” and the conduct can include “Grooming a child (or their parent or carer)” or “communications about sex or sexual conduct with a child under the age of 16 or a person with an impairment of the mind under the age of 18.” That’s pretty subjective and can easily be misinterpreted.
Not only can benign conduct (a barber giving a child a lollipop) or misinterpretation (overhearing communication between an adult and teenager about sex or anatomy in a clinical context), trigger a required report, but it also arms people with a cause for vindictiveness with new ammunition to harm someone’s reputation or liberty because the law immunizes “a person who, in good faith, discloses information in accordance with the provision… from liability of a civil or criminal nature.” In other words, they are protected from defamation suits or even criminal penalty for a false accusation.
Many among us take measures to protect ourselves, such as installing cameras in and around our homes. Not just to prevent crimes against us, but to capture exculpatory evidence in the event of a false accusation. What can you do outside your home to protect you?
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Maestro
This is insteresting. I have tried to help out and do just what they said but nothing was done. In fact, I reported the entire U.S Government was corrupt but no action was taken :)~
Just look at our own federal law under 18 USC 4, which provides: “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.” This is not much different that what the Aussies are doing.
Even with its own difficult history with sex abuse, the Catholic Church still exercises the policy of the sanctity of the confessional. I wonder if the authorities have taken this into consideration?
John
Also they use to cover up a lot of things some priests got away with. Now years later some of them that are 80 or 90 years old are going to prison for something they did / or were accused of 50 years ago.
My point is, the cover ups and pay offs don’t cut it anymore.
Well The Aussie’s should have learned from their past. Many of their ancestors were sent there when England was sending outcasts and criminals away.
So when someone is arrested for one of these accusations, will they be sent to England?
FAC I read your interpretation as, you can be prosecuted for having failed to report a ‘belief’ EVEN IF NO SEX CRIME WAS HAPPENING.
That’s not really what you meant, is it?
If you’re a member of, say, a religious hierarchy, and you receive evidence that makes you believe abuse is going on and fail to report it, should nothing happen to you? In the US already you can get sued and/or do time for such negligence, can’t you?
In the US, you are ALREADY required to report sexting or porn sharing, if you have knowledge of an adult doing those to a child.
Are we saying this law is different, or is that just speculation?
The way I’m reading it, if you BELIEVE a child is being abused but you don’t report it, you’re toast.
My question is; How the hell will authorities know what one “believes” or “disbelieves” unless the person opens their big mouth and says “Well, I thought maybe the child was being abused but I wasn’t sure”
Literally, this makes no sense. I can “believe” that my neighbor is the town bank robber. Are the police now playing psychic?