Kidnapping is a crime that rips at the very fabric of our societies, destroying our sense of security. Kidnapping can take many different forms, from stranger danger to parental abduction. This illegal act always leaves their victims, their families, and society at large with lifelong wounds.
This terrifying crime can snatch anyone from the comfort of their daily routine and plunge them into a world of fear and uncertainty. But what happens after the scream is silenced? Let’s read this guide as we explore the dark underbelly of kidnapping, unravelling the tactics of abductors and the unwavering hope of those left behind.
What Does the Crimes Act 1900 Say?
Australian law takes kidnapping very seriously, with varying degrees of severity based on the circumstances. Understanding these distinctions can help us grasp the gravity of the crime. There are three types of kidnapping under Section 86 of the Act.
1. Basic Kidnapping
This forms the foundation and involves taking or holding someone captive without their consent. The perpetrator’s motive can be anything from the following:
- Demanding a ransom (money or valuables)
- Committing another serious crime (like assault or robbery); or
- Gaining some unspecified advantage (like leverage in a personal dispute)
The penalty for basic kidnapping reflects the seriousness of the act itself, with a maximum sentence of 14 years’ imprisonment.
2. Aggravated Kidnapping
This level elevates the crime by introducing additional factors that make it more dangerous or traumatic for the victim. There are two ways an act can be classified as aggravated kidnapping:
- Accomplice Present: If the perpetrator doesn’t act alone and has one or more accomplices involved in the kidnapping, the situation becomes inherently more threatening for the victim. The presence of multiple abductors increases the potential for violence or escape being thwarted.
- Physical Harm: If the kidnapping is accompanied by, or leads to, actual bodily harm inflicted on the victim, it becomes aggravated. This harm can range from minor injuries to more serious assaults.
The presence of physical harm signifies a heightened level of violence and disregard for the victim’s well-being, hence the increased penalty of up to 20 years imprisonment.
3. Specially Aggravated Kidnapping
This represents the most severe form of kidnapping in NSW law. It combines the elements of both aggravated kidnapping factors:
- Accomplice Present: As with aggravated kidnapping, there must be at least one accomplice involved in the abduction.
- Physical Harm: The kidnapping must also involve actual bodily harm inflicted on the victim.
This combination creates the most dangerous scenario for the victim, with a higher risk of violence and potential long-term physical or psychological consequences. Reflecting this severity, specially aggravated kidnapping carries the harshest penalty of up to 25 years imprisonment.
What About Child Abduction?
Another form of kidnapping is child abduction. Child abduction is the illegal removal of a minor from the care of their legal guardian. This can happen in a few ways:
- Taking a child without consent: This is the most common type. It involves someone taking a child away from their parent or legal guardian, without their permission. This can be done by force, trickery, or luring the child away. We have an article
- Keeping a child away from their guardian: This could involve someone who may have temporary permission to see the child, but then refuses to return them.
- Taking a child to steal from them: This is a specific situation where someone abducts a child to rob them.
Section 87 of the Crimes Act deals specifically with child abduction, a serious crime in Australia. Here’s a breakdown of the section:
- Taking a Child Without Consent: If someone takes or keeps a child under 12 away from their legal guardian (parent or someone with court-ordered care rights) without their permission, it’s child abduction. This can happen in various ways, like luring a child away or stopping them from returning home. The penalty is up to 10 years in prison.
- Taking a Child to Steal: Abducting a child under 12 to steal from them is also a crime punishable by up to 10 years imprisonment.
- Definitions: The law clarifies what “taking” and “detaining” a child means. Taking a child includes making them go somewhere with you or having someone else take them. Detaining includes forcing a child to stay put.
- Who has Parental Responsibility: This section recognises both biological parents with legal rights and court-appointed caregivers as having parental responsibility for a child.
Related articles:
Child Abduction: What You Need To Know | JB Solicitors
What Is Parental Consent to Travel Overseas With Children? | JB Solicitors
Mother Moving Away With Child Or Children | JB Solicitors
Tactics That Kidnappers May Use
Indeed, it’s important to be aware of your surroundings, it’s also important not to live in fear. Here are some tactics kidnappers may use. However, these are not the only ones, and staying calm and alert is key. Here are some common tactics that kidnappers use that people (especially parents) should look out for:
1. Targeting Vulnerability:
Predators may target children who seem lost, alone, or vulnerable. They might observe routines to find opportunities when a child is unsupervised, like walking home from school alone. They may also try to gain a child’s trust by appearing friendly or offering something appealing, like candy or a ride.
2. Luring Tactics:
Kidnappers might pretend to be officials (police, doctors) or someone the child knows (parent’s friend) to gain trust. Another tactic they may use is asking a child/person for help finding a lost pet or directions to create a situation where the victim gets close. A common tactic that kidnappers also use is offering gifts, rides, or propose games to entice a child away.
3. Using Technology:
- Online Communication: Predators might groom children online through games, social media, or messaging apps.
- Fake Profiles: They may create fake online profiles to appear younger or more relatable to lure children.
Do You Need Legal Help Regarding Kidnapping?
The thought of kidnapping is terrifying, but knowledge can empower us and prevent this crime. Since children are susceptible to this crime, we should teach children safety measures and also inform them to stay vigilant of their surroundings. However, if the unthinkable happens, having a strong legal team on your side is crucial.
JB Solicitors specialises in family and criminal law and we can connect you with a skilled criminal lawyer experienced in kidnapping cases. Our team can advocate for your rights, and navigate the complexities of the justice system. We will ensure you have the support you need during this incredibly difficult time.
Remember, the sooner you act, the better the chances of a safe resolution. Contact us today if you need help with your legal matter.
