New law to close horror ‘loophole'
The Minns Labor Government is set to introduce a suite of reforms to parliament next week, bringing NSW into line with relevant Commonwealth offences and increasing protections from sexual exploitation.
A new provision to the Crimes Act 1900 will ensure sexual offenders who either sexually assault someone or indecently interfere with their body after death are unable to escape prosecution when the time of death is unknown, making which specific crime occurred unclear.
The new provision means when it is clear 'beyond a reasonable doubt 'that one of these two crimes occurred, but it is uncertain due to the timing of death which one, the accused will be sentenced with whichever offence has the lesser maximum penalty.
Previously they would have been unpunished. Groundbreaking reforms aimed at bolstering support for victims of sexual violence across the state will be introduced to parliament next week. NewsWire / Simon Bullard. Credit: News Corp Australia
The government says the reform is in 'direct response' to issues that arose in the inquest of Mona Lisa and Jacinta Rose 'Cindy' Smith in 2024, and the tireless advocacy of their families for reform.
The penalty for indecently assaulting a deceased person will also be increased and criminalising female genital mutilation will also be strengthened.
Other amendments to the act will redefine the age threshold for child abuse material offences, raising it from 16 to 18 years, aligning with Commonwealth standards.
These reforms are designed to close existing legislative gaps and ensure the safety and wellbeing of children. The Crimes Act will also be amended to 'make it easier to prosecute people who commit sexual acts in the presence of children', the Minns government said in a statement.
Changes to the act will also be made to ensure female genital mutilation is considered a crime regardless of the reason or motivation or age of the victim, while ensuring medically necessary practices are protected.
The legislation, to be introduced in Parliament the day after the Minns Labor Government hands down the 2025-2026 NSW budget, comes after changes around domestic violence offences.
These changes included making it harder for alleged domestic violence offenders to get bail, and introducing electronic monitoring for alleged serious domestic violence offenders.
It also strengthened laws to protect against repeated breaches of ADVOs, and made changes to bail courts across NSW to ensure bail decisions are made by magistrates and judges – not registrars. The NSW government is set to introduce new reforms aimed at bolstering support for victims of sexual violence across the state. Photo: NewsWire/ Gaye Gerard Credit: News Corp Australia
Attorney-General Michael Daley said the Minns Labor Government stands with victim-survivors.
'We are ensuring that women and children are better protected from sexual abuse and exploitation,' he said.
'Our Government is closing loopholes and strengthening the law to make it easier to prosecute those who commit acts of sexual violence.
'I thank the families of Mona Lisa and Jacinta Rose 'Cindy' Smith for their bravery and advocacy in the face of tragedy to strengthen New South Wales laws to better protect victims.'
Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison said the government is 'working to build a safer New South Wales for women and children'.
'Sexual and abuse and exploitation is unacceptable, at the same time as we are investing in support services for victim survivors, we are ensuring that perpetrators are held to account,' she said.
'We will continue to work with experts, advocates and victim survivors to address the impact of domestic and sexual violence across our state.'
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