Fifteen-year-old South Australian Carly Ryan was murdered in 2007. The 50-year-old man found guilty of her murder had used fabricated online identities to attempt to seduce the girl and, when she ultimately rejected his advances, he used another identity to lure her to a beach-side town where he bashed and drowned her.
Independent South Australian senator Nick Xenophon now intends to introduce a private member’s bill which would make it an offence for an adult to misrepresent their age online for the purpose of meeting minors. Carly’s mother, who plans to establish a foundation to promote awareness of the risks children face online, has said she supports the bill.
The story of Carly Ryan is terrible. Just hearing the story triggers a shiver of disgust and horror and those who are parents themselves may well be worrying about the risks posed to their own children by shadowy online stalkers. Politicians are human too and react the same way. Indeed Nick Xenophon’s reaction follows a common pattern that has emerged around the world in recent decades.
The pattern starts with a terrible crime committed against a child. This is followed by extensive and sometimes lurid media coverage. A politician will then call for new laws to “prevent this happening to others”. It would be a brave politician who would argue against such a law and thereby risk appearing insensitive to the plight of the victim and the grief of their distraught family. So they do not oppose it and new laws are passed. The pattern is clearest in the United States. The archetypal example is Megan’s Law. In 1994 seven-year-old Megan Kanka was raped and murdered by a repeat sexual offender. Her name has since been attached to laws introduced across the country requiring a public register of sex offenders. Other examples fitting the pattern include Jessica’s Law in Florida which imposes a minimum 25-year sentence on sex offenders. Nick Xenophon’s “Carly’s Law” could well be another in this sequence.
But, how effective are laws like this in curbing the criminal behaviour they are targeting? Continue reading