新南威尔士州司法系统出现量刑漏洞，使部分被判强奸罪的犯人得以逃避监禁。[1]在过去四年内（至2026年3月），该州有19例非法性侵成人案件以社区矫正令作为主要判罚，约占全部此类案件的4%。[1]
这一现象源于2018年的一项量刑改革。[1]当时的自由党政府取消了集中矫正令制度，改革初衷是确保严重罪犯入狱。[1]前检察长Mark Speakman曾称该改革是"严厉且聪慧的"。[1]然而，法官在没有集中矫正令可用的情况下，转而以更宽松的社区矫正令作为替代方案。
法律专家对此提出强烈批评。[1]南十字大学法学院院长David Heilpern称这一做法"令人愤怒"，指出社区矫正令"适用于二次扒窃或酒吧推搡"，而非性暴力犯罪。[1]根据现行法律，性交违反意愿的最高刑期为14年，标准不假释期为7年。[1]
A legal gap in New South Wales is allowing judges to hand down community corrections orders instead of prison sentences for rape convictions, undermining the intent of a 2018 sentencing reform.[1] Over a four-year period through March 2026, approximately 19 cases—roughly 4 percent of unlawful sexual assault convictions involving adults—resulted in community corrections orders as the primary sentence.[1] The legislative change, which eliminated intensive correction orders, was designed to ensure serious offenders faced incarceration.[1] Former Attorney General Mark Speakman characterized the reform as "tough and smart," yet judges have since circumvented its purpose by imposing the more lenient community corrections option.[1]
Legal experts have condemned the outcome as contrary to Parliament's intention.[1] David Heilpern, Dean of Law at Southern Cross University, called the practice "infuriating," noting that community corrections orders are typically reserved for crimes such as "second-time shoplifting or pushing someone at a pub."[1] Despite sexual assault carrying a maximum penalty of 14 years imprisonment with a standard non-parole period of 7 years, judges retain discretion to depart from custodial sentences.[1] Legal scholars are calling for an urgent government review to close the sentencing loophole and restore the protective intent of the 2018 legislation.[1]