13-Year-Old Boy Faces Charges Over Sexting Genitals to Friends
A 13-year-old boy from Adelaide's southern suburbs took a photo of his genitals in July and sent them to his three friends. His three friends who received the photos passed it on to other people. The image then proliferated.
According to an Education Department spokesman, the students were suspended but three are now permitted to attend school again, and another two were excluded for the term. The spokesman denied rumours that the picture of the genital was taken using the school-issued iPad.
At present, Independent MP Bob Such wants a review of South Australia's sex offenders register laws as the young boy now faces possibility of being on the register as a sex offender.
In an interview with 891 ABC Adelaide, Mr Such said that all those who accessed and disseminate the photos can be registered as sex offenders since they accessed child pornography according to South Australia's law.
"As a result he has been suspended and the word is he is likely to face court and could possibly end up on the sex offenders register. The parents that have contacted me said they had detectives on their door step, 13-year-old girls in tears, because it was pointed out that this could prevent you from ever working with children. The processes used to follow up have been so significant that parents have expressed concerns about the mental well being of their children," Mr Such said.
However, Mr Such believed that this law is flawed and vague.
"The law as I understood it was to protect children from predators, not to turn silly 13-year-olds into criminals. Under our current law there is no real separation between how we deal with adult sexual predators and these silly 13-year-olds and that's my real concern that, rather than protecting children from adult predators, what the law is currently doing has the potential to turn these 13-year-olds into criminals," Mr Such explained.
Attorney General John Rau said that Mr Such had a valid argument. True enough, adults would not want these adolescents to be tagged as sex offenders for their whole life.
"I think the police are in a difficult situation, because the law says to have images of children naked and to then send them around the place is an offence.They need the courts to sort out the subtleties. It's probably something in the spent convictions type case, where a Judge or a Magistrate at some point has to consider whether or not a person should be put on the register. Whether that is done at the time of this young person being charged and the matter going through the courts, or whether it is something they come back to afterwards, we have to look at," Mr Rau said.