The Kids Are(n’t) Alright: An Analysis of Differentiated Legal Responses to Young People who Commit Sexual Offences

Abstract

Young people who commit sexual offences are a unique group of young offenders. Their offending behaviour can, and often does cause serious harm however they have also often had serious harm done to them and consequently have concerning clinical profiles. The aim of this thesis was to analyse differentiated legal responses to young people who commit sexual offences in order to suggest a way forward for New Zealand in this area of law. The current New Zealand approach to young people who commit sexual offences was discussed and then compared to the three comparison jurisdictions – the United States, Scotland and Australia – from which recommendations for the future were developed. Overall, it does not appear that any jurisdiction is doing particularly well at addressing offending by this group, with young people who commit sexual offences often being excluded from the youth justice system and processes designed specifically for young people. Formal law change is needed in New Zealand to better acknowledge the distinct status of young people who commit sexual offences within the youth justice population. Responses must ensure these young people remain in the youth justice system while also having regard to their specific needs as young people who have committed sexual offences. One immediate step that should be taken is the development of an extended supervision order of up to 24 months in the youth justice system, specifically for young people who commit sexual offences. The Victorian Therapeutic Treatment Order can provide useful guidance for New Zealand on the development of such an order.