Have Your Say: Public Sex Offenders Register?

It would have been the first website of its kind in Australia, giving community access to the names, images, physical description and regional location of sex offenders.

But the proposed Northern Territory sex offender register, which was due to be released early this year, unfortunately never got to see the light of day. Northern Territory Attorney-General John Elferink had worked with Daniel Morcombe’s parents, Bruce and Denise to get it up and running, but he is no longer in the position so the plans were put on hold indefinitely.

Bruce and Denise Morcombe are still fighting to have Daniel’s Law introduced in all Australian states and territories, but the fight has been a long and difficult one for them.

The proposed law has faced several roadblocks, including criticism from law associations about its potential to increase vigilante behaviour, and data compliance refusals from other states and territories.

There are concerns from victims and lawyers that a public sex offender registry would make people less likely to report crimes.

Last year the ABC spoke to the family of a Territory sex crime victim about their concerns with the legislation. The family, who did not want to be identified, said they would not have reported the crime under Daniel’s Law for fear of being identified by the public register.

Speaking on behalf of the family, Felicity Gerry QC “” vice chair of the Criminal Lawyer Association of the NT “” said the family held grave concerns about other victims being publically identified and re-traumatised.

“[They believe] victims will be deterred from reporting if they think they’ll be linked to some public website that’s out there forever,” Ms Gerry told 105.7 ABC Darwin.

“We all know what happens if something’s on the internet. It’s usually the victim that’s the subject of trolls.

“This is shooting from the hip.”

However, Daniel’s parents Bruce and Denise Morcombe, who have been leading the charge on Daniel’s Law, said the only negative aspect of the proposed law was to those who were on it.

“Remember these are the worst of the worst. They are people who have raped and murdered children. We owe it to our kids to make a stand and say we know who you are and we know what you have done,” the Morcombes wrote on their website,”

“A public accessible sex offender website is a sensible, responsible and modern approach to educating children and parents about the silent underbelly which casts a dreadful shadow on our society. We cannot continue to sit back and do nothing.”

The proposed legislation is similar to Megan’s Law in the United States, which provides the public with certain information on the whereabouts of sex offenders so that members of our local communities may protect themselves and their children.

Megan’s Law is named after seven-year-old Megan Kanka, a New Jersey girl who was raped and killed by a known registered sex offender who had moved across the street from the family without their knowledge.

In the wake of the tragedy, the Kankas sought to have local communities warned about sex offenders in the area. All states now have a form of Megan’s Law.

In Australia, Western Australia is currently the only State with an an online sex register, but access has several tiers of restrictions.

Unlike Megan’s Law, Daniel’s Law will not list offenders’ exact address, just their regional location.

When he was still in office and planning the sex offenders website in the NT, Attorney-General John Elferink had said the Government had not yet decided on the definition of “serious sex offender”.

“We’ll create a definition which is appropriate and then have further flexible arrangements to make sure the right people are placed on our serious sex offenders website.”

He said parents were in a better position to protect their child when they were armed with detailed information.

Despite the community support for the register, NT Criminal Lawyers Association president Russell Goldflam said it would be a terrible idea and would turn people into vigilantes.

“Laws like this have been tried in the US, mainly over the last couple of decades,” he said. “They don’t result in anyone being safer or the level of recidivism being decreased.

“There are some real costs. They are expensive to run but more importantly is they can get in the way of people being rehabilitated.

“The Attorney-General says this will make people be more vigilant. Our concern is this will make more people into vigilantes.”

These comments have not deterred the Morcombes and their supporters in their quest to make sex offenders known to the public.

Today in Canberra, the Morcombes were joined by Senator Derryn Hinch, in publicly urging Australians to sign their relaunched petition to get a sex offender register put in place here in Australia.

You can sign it and show your support here.

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