Australian Politics and Policy - Senior, 2019a

Australian Politics and Policy
The increase in reported incidents of sexual assault does not necessarily signify
a proportionate increase in the prevalence of sexual assault or a greater likelihood
of becoming a victim of such crimes. The reporting rate of sexual assault has
historically been extremely low. Greater awareness and education surrounding
sexual assault among the general public in recent years raises the probability that its
statisticalincreasesmay(atleastpartially)beattributedtoanincreasedwillingness
to report incidents and better police recording practices. 10
Furthermore, official crime statistics do not represent an objective truth; one
must be mindful of taking them as an accurate reflection of reality. Numerous
factors will affect crime statistics, including the quality of data collated, counting
rules, police practices both in reporting and in the activities they target, and
whether the statistics are intended to be used to frame political or other agendas.
An increasingly punitive society
Despite the significant declines in many crime types, there has been rapid growth
in criminalisation and punishment. This has been referred to as the ‘punitive turn’. 11
It has occurred through the proliferation of new laws, which has been described as
‘hyper-criminalisation’, and the increasing use of punishment.
Throughout the last decade, a significant number of hastily crafted laws have
passed through various state and territory parliaments, resulting in the expansion
of law enforcement powers, the creation of new offences, the amendment of the
rules of criminal procedure and increased maximum penalties for offences. 12 These
laws are often responses to the ‘problem of the day’ and are designed to alleviate
public concern, rather than resolve the underlying causes of crime.
Below are some examples of punitive law and order policies that have been
introduced in recent years:
• revival and expansion of consorting offences 13 in New South Wales (NSW)
• creation of ‘one-punch’ homicide in NSW, Queensland and Victoria
• creation of an organising an ‘out-of-control’ party offence in WA and
Queensland.
It has been argued that the effect of these (and other) laws and powers is to
further criminalise marginalised groups in society, such as the poor and ethnic
minorities. 14 Furthermore, there has been increasing co-ordination of criminal
laws between jurisdictions – one announces a new policy to get tough on crime,
10 Weatherburn 2004.
11 Garland 2001.
12 Loughnan 2009.
13 Consorting laws prohibit the act of habitual association with convicted offenders. NSW
consorting laws have been in operation since 2012; they were introduced in response to outlaw
motorcycle clubs and other organised criminal networks.
14 McNamara and Quilter 2016.
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