Carly Ryan was a South Australian schoolgirl who was befriended online and then murdered by a serial paedophile. The case, which highlighted the emerging phenomena of catfishing, grooming and online predatory behaviour, was unique at the time, given that Ryan was the first person in Australia killed by an online predator. In the wake of the arrest and trial of her killer, Garry Francis Newman, public opinion eventually led to nationwide legal changes, nicknamed "Carly's Law", being made to help protect minors online.
Background
Carly Ryan lived in Stirling, South Australia with her mother. Approximately 18 months before her death, while using MySpace, she befriended "Brandon Kane", an American teen living in Melbourne, which eventually grew into an online and telephone romance. In January 2007, Garry Newman travelled from Melbourne posing as "Shane", the father of Brandon, in order to give her presents from the non-existent Brandon. After meeting her mother, Sonya, he was then allowed to attend Ryan's 15th birthday party and stay overnight. After a shopping trip together, his increasingly erratic and possessive behaviour at the party, and inappropriate physical advances, he was told to leave by Ryan's mother Sonya, who then limited Ryan's mobile access. Later, on 19 February, Ryan left the house for an apparent sleepover with friends, but after not returning the next day, the police were notified. The same morning, at Horseshoe Bay in Port Elliot, Ryan's battered and dishevelled body was found floating face-down in the shallow water, and attempts to revive her failed.
Investigation
The autopsy revealed 19 separate injuries, with 6-8 of the injuries being blows to the head, and the cause of death was a combination of facial trauma, smothering, and drowning. It also revealed cannabinoids in her bloodstream and beach sand in her oesophagus. Investigators examined security footage, which showed Ryan in and around Port Elliot on 19 February, in the company of two men, and she was last seen alive by witnesses at the beach at 9.30 pm. A pale blue vehicle used by the men led police to Mornington, where a raid led to the arrest of Newman, and the detention of Newman's younger son. A search revealed that Newman had kept a notebook detailing some 200 online personas, and other criminal attempts at grooming both in Australia and internationally. At trial, Newman, who was initially not identified to the media, acted erratically and initially denied meeting the teenager. On 21 January 2010, Newman was sentenced to life imprisonment with a 29-year non-parole period. Newman's adopted son, who was 17 at the time, and a witness to the killing, was cleared of all charges, and his identity remains suppressed.
Reaction
After the trial, Sonya Ryan helped to set up The Carly Ryan Foundation, a non profit charity created to promote internet safety. In 2013, the Foundation began lobbying for a legal change to improve the protection of minors online, particularly given that 25% of teenage Australians are being contacted online by people they do not know. The Foundation also promoted safety awareness in Australia and New Zealand, and created a smartphone application, called Thread, as a personal safety app for children. Sonya Ryan, also received a South Australian of the Year Award in 2013 for services to the community.
Legal changes
National
After a number of unsuccessful proposals by Senator Nick Xenophon's team, on 25 May 2017, a bill titled Criminal Code Amendment Bill 2017 was submitted to the Parliament of Australia. The purpose of the Bill was "to introduce an offence to criminalise acts done using a carriage service to prepare or plan to cause harm to, procure, or engage in sexual activity with, a person under the age of 16. This expressly includes a person misrepresenting their age online as part of a plan to cause harm to another person under 16 years of age." It proposed changes to three federal Australian laws: Criminal Code Act 1995; Crimes Act 1914; and, Telecommunications Act 1979. The amended bill was passed at the Federal level and enacted into law on 23 June 2017.
South Australia
A similar, but tighter version of the law initially failed to pass the Legislative Council in South Australia in 2013. Later, following a petition, an amended bill was introduced by Attorney-General Vickie Chapman, and was passed by the Parliament of South Australia on 5 July 2018, which made it an offence for an adult to lie to a child about their age or who they are and then attempt to meet that child. These amendments came into effect on 13 August 2018.
