"(1.) Before sentence is pronounced, by furnishing expert medical or surgical reports or evidence:
"(2.) By sanctioning an indeterminate sentence:
"(3.) By segregating persons so sentenced and subjecting them, under proper safeguards, to any medical or surgical treatment which may be deemed necessary or expedient either for their own good or in the public interest."
The repeated occurrence of gross offences of the character described by the Prisons Board, both before and since the Committee commenced its sittings, has focussed public attention more strongly upon the necessity for immediate action in regard to the more adequate treatment of this class of degenerate than upon the much larger and relatively more important class of mental defective covered by the first section of the order of reference.
The bulk of the evidence heard by the Committee and practically the whole of the information obtained from various sources bore more particularly upon the question of the care and prevention of the propagation of the mentally defective part of the population coming under the general designation of "feeble-minded." While, however, the evidence obtained regarding the prevalence of sex offences and the care and treatment of the offenders was not great in volume, it was eminently practical in character. Apart from this, the flagrant cases reported in the daily Press during the past few months in connection with the Supreme Court Sessions in the various centres offer sufficient proof of the necessity for some drastic amendment of the law on the lines suggested by the Prisons Board.
Section 2.—Seriousness of the Evil.
That the order for an inquiry into this question was by no means premature was made apparent to the Committee by the presentation at its first sitting of a return furnished by the Prisons Department, which appears in the Appendix to this report, page 30, showing the number of sexual offenders of the various classes who were actually serving sentences on the 10th May, 1924. The total number of the sexual offenders in the prisons of the Dominion on that date was 185. This number represented 17.273 per cent. of all the prisoners then in custody. Unfortunately, this percentage has since been increased by recent commitments of cases of the most serious types.
A return compiled by the Government Statistician (Mr. Malcolm Fraser) shows that during the five years, 1919-1923, there were 331 persons sentenced in the Supreme Court for sexual offences as follows: Rape, 5; attempted rape, 19; indecent assault on a female, 150; indecent assault on a male, 50; unlawful carnal knowledge, 49; attempted unlawful carnal knowledge, 18; incest, 17; unnatural offence, 23: total, 331.
Section 3.—Types of Offences.
It is obvious that included under the heading of sexual offences are cases which vary so greatly in their gravity and in their very nature as to have little in common. There is a great gulf between the lad convicted of unlawful carnal knowledge with a girl who is under the legal age of consent, but who in some instances may even be the actual instigator of the offence, and the miscreant who tampers with little girls of tender years, or sets himself deliberately to corrupt boys. It was this class which the Prisons Board had in mind when it passed the resolution quoted, and no doubt it is the class which the Committee's order of reference is intended to cover.