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Crackdown on child exploitation passes unanimously

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A Bill to better protect children from sexual exploitation passed its final reading in Parliament today [2 April 2015] with unanimous support.

Justice Minister Amy Adams says the Objectionable Publications and Indecency Legislation Bill sends a clear message that activities which sexually exploit children are abhorrent and will not be tolerated.

“The law changes reflect the ease with which criminals can now access, share and distribute child sexual abuse material, and address the changing ways perpetrators can communicate with children,” says Ms Adams

“The Bill increases the penalties for making, trading or possessing child exploitation material. It will work to protect children who are sadly often re-victimised by the knowledge that images of their abuse could be shared over the internet for years to come,” says Ms Adams.

The Bill also includes a new offence of ‘indecent communication with a young person’ which will apply regardless of whether perpetrators contact victims under the age of 16 online, via text messaging, verbally or by other means.

“The measures in this Bill reflect the serious nature of these crimes, and align with the Government’s pledge to protect children from sexual exploitation,” says Ms Adams.

Among the changes, the Bill:

• Increases the maximum penalties for possession, import and export of an objectionable publication from 5 to 10 years’ imprisonment.
• Increases the maximum penalties for supply, distribution or making an objectionable publication from 10 to 14 years’ imprisonment.
• Creates a presumption of imprisonment for those convicted of a child exploitation material offence for a second time or later time.
• Clarifies that possession of objectionable electronic material includes intentionally viewing material without consciously downloading or saving it.
• Establishes accident compensation cover for mental injury caused by the existing sexual grooming offence, and the Bill’s new offence of indecent communication with a young person.
• Closes a gap in the law to ensure that New Zealanders who assist foreigners to commit sexual acts against children overseas, can be held liable as parties or accessories to the offence under New Zealand law.

Source:

Media Release dated 2 April 2015: Hon. Amy Adams – National MP for Selwyn.

http://www.amyadams.co.nz/index.php?/categories/2-Press-Releases

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Tougher laws on sexual exploitation of children

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Sexual exploitation of children will be punished more severely after a new law passed a final parliamentary hurdle.

Those found to have supplied, distributed or made an “objectionable material” face a maximum 14 years in prison, up from 10.

The penalty for possession, import and export also increases, from five years to 10.

And those convicted of a child exploitation material offence will almost certainly go to jail, under the Objectionable Publications and Indecency Legislation Bill.

The bill also targets paedophiles who attempt to “groom” under-16s online by establishing a new offence of “indecent communication with a young person”.

It will apply to texts, verbal and any other communications.

And it closes a legal loophole, ensuring that Kiwis who assist foreigners in sexual exploitation of children overseas can be prosecuted here. [Read more…]

Opinion: Tougher porn penalties long overdue – Editorial, Dominion Post

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ON MONDAY Justice Minister Judith Collins announced the introduction of a bill to increase the penalties for the production, distribution and possession of child pornography. That same day, according to estimates by the United Nations about 200 new images of children being raped, sexually abused and tortured were circulated around the world.

The Objectionable Publications and Indecency Legislation Bill prepared by Ms Collins will not stop that evil trade. It will, however, help to curb it in New Zealand by putting repeat offenders where they belong – behind bars.

Contrary to the pathetic excuses offered by some who have been caught with child pornography in this country, possessing, viewing, and distributing it is not a “victimless” crime. By definition, its production relies on the sexual abuse and exploitation of children.

Without a demand for images of those sickening acts, that abuse would not occur. Sending the strongest possible deterrent to those who trade in it will help reduce the demand.

Despite the fact child pornography causes such misery, New Zealand courts have shown an inexplicable reluctance to take those who indulge in it out of circulation. According to Ms Collins, only about one in three who are convicted are jailed. Her bill will help address that by creating a presumption of imprisonment for anyone convicted of a second or subsequent offence. It will also double the maximum penalty for the possession, import or export of child pornography from five years’ jail to 10 years and increase the maximum for distributing or promoting such material from 10 years to 14.

The bill will also expand the definition of possessing child pornography so that it includes people who view it on their computers, but do not download the images., That will close a loophole that has allowed some offenders to get away scot-free.

Finally, it will tackle the scourge of adults who use the internet and cell and smart phone technology to groom young people for sex by making it an offence to have indecent communications with anyone aged under 18.

Together with a second bill that will allow the victims of serious sexual and violent offences to have their attackers banned from contacting them or living or working near them. Ms Collins has prepared a suite of changes that will go a long way towards protecting society’s most vulnerable victims.

However, the Government must also put its money where its mouth is. The same day Ms Collins unveiled her intention to get tougher on offenders, sexual violence agencies warned they were struggling to help victims because of funding constraints.

In some cases, young rape victims are waiting up to three months to get a counsellor, depriving them of an important aspect of their recovery from major trauma.

Social Development Minister Paula Bennett has ordered a nationwide review into where funding for such services comes from, and where it actually goes. Like the measures Ms Collins is proposing, that work cannot be completed soon enough.

Source:

Editorial Opinion.

The Dominion Post. Tuesday, May 30, 2013.