Paedophile Scouts volunteer out of prison
A lifelong paedophile who was found with "sadistic" child porn years after he tried to molest a student has been released from jail despite refusing to participate in sexual offenders programs.
Former Scouts volunteer Terance Guy Carter, 60, was last week released from custody on a 10-year supervision order after the Brisbane Supreme Court found while psychiatrists could say the man was "deceptive" and had "sexually deviant fantasies" even while in jail, they could not articulate the level of risk he would present to the community if released.
Carter has been in jail since January 2016 after being convicted of possessing child abuse material that depicted "sadistic or painful sexual acts" between men and children.
His sentence expired this week.
Carter's history abhorrent offending dated back to 1989 when at age 28, he molested two boys after befriending their family.
By the early '90s, he was working as a gymnastics instructor in Western Australia and offered to drop a nine-year-old victim home after class.
In the car, he asked the boy to kiss him, the judgment said. The child refused and broke away from the man.
In 1999 he was also convicted of molesting another 12-year-old boy.
"Carter has sought to minimise his offending and place blame on external circumstances: not having a partner, not being occupied in employment," one psychiatrist told the court during the dangerous prisoner application.
"He has been noted to hold attitudes that seek to condone or excuse his behaviours. He has repeatedly sought out opportunities to engage with children by volunteering in Scouts,
gymnastics etc, and befriending/grooming victims."
The Queensland Attorney-General argued for Carter's continued detention after the court heard he had told psychiatrists he no longer wanted to engage with a sex-offender program.
In ordering the man's release, Supreme Court Justice David Jackson said the risk of reoffending could be managed in the community.
Opposition spokesman for justice David Janetzki called on the Labor government to appeal the decision to "ensure dangerous repeat sexual offenders are kept locked up and away from our kids".
"Even the government's own lawyers admitted he is a high-risk repeat offender who isn't rehabilitated," he said, adding there should be GPS tracking for repeat sexual predators.
However, a spokesman for Attorney-General and Minister Justice Yvette D'Ath said: "The government was successful in getting a community supervision order that has 47 conditions".
Justice Jackson noted in the judgment: " … the way the (psychiatrist) reports were prepared and the evidence given in this case is a matter of some concern".
He found psychiatrists "did not clearly engage upon the question of the level of risk that the respondent will commit another serious sexual offence if released from custody with a supervision order" but were more concerned with whether he should engage with a sexual offenders program.
"None of the psychiatrists said, however, that the respondent's risk of reoffending without the further treatments was high, if released on a supervision order as described above," Justice Jackson said, adding that psychiatrists are "not to be criticised" for the form of their reports.
Carter was released last Thursday.
Originally published as Paedophile Scouts volunteer out of prison