For the Term of his Unnatural Life

01.03.2014

tags: Sexual assault, Victoria Police, rape,

discussion: 0 comments

By Glenn Jackson

From the March 2014 issue of the APJ.

In 1993 the Victorian Government introduced the Sentencing (Amendment) Act which amongst other changes created categories of Serious Sexual Offender and Serious Violent Offender. Offenders classified by the courts as falling into either of these categories face the prospect of receiving an indefinite goal sentence for further specified offences upon conviction. An indefinite goal sentence pursuant to the provisions of the Sentencing Act must be accompanied by a nominal sentence, with no minimum sentence set. At the expiration of the nominal sentence the accused can make application to the court for release from incarceration.

On 25 May, 1995, Kevin John Carr appeared before the Melbourne County Court charged with rape, attempted rape, robbery and unlawful imprisonment and received the first indefinite sentence in the state of Victoria. Carr was categorised as a serious sexual offender due to previous convictions for sex-relatedoffences. The offences deemed him liable for consideration for an indefinite sentence. However, the compelling issues were his frightening history of sexual offence convictions and his rate of recidivism.

The catalyst for this decision began 14 months earlier at the largest train station in Melbourne.

1994 – Rape at Spencer Street Railway Station

On 29 March, 1994, I formed part of the Victoria Police Rape Squad (now renamed the Sexual Crimes Squad). We were the nightshift on-call crew and along with Detective Senior Sergeant Andy Allen were made aware of an overnight rape at the Spencer Street Railway Station. Initial enquiries revealed that this incident occurred at about 9.10pm the previous evening in the public toilets and that the victim was a 77-year-old woman.

Initial attendance was by a Police Transit crew who conducted the required initial enquiries and then called for assistance shortly after 9.20pm. Detective Sergeant Colin Arnell and Detective Constable Chris Gilbert took charge at the crime scene, while Sergeant Trish Duke, from the Russell Street Community Policing Squad, attended to the victim and accompanied her to the Royal Women’s Hospital in nearby Carlton for a medical examination.

Examination of the crime scene for fingerprints and forensic evidence proved negative. An examination of the victim for biological evidence also proved negative; however the victim was able to provide police with a comprehensive description of the offender which included unusual tattoos to his front upper legs.

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