When extreme religious beliefs result in harm or death, the legal consequences for the parents or guardians involved can be severe. Criminal charges such as child abuse, neglect, and manslaughter may be brought against those who refuse medical care or engage in harmful practices due to their religious convictions. For criminal defence firms, understanding these legal charges and the implications for offenders is crucial in formulating effective defence strategies for clients involved in such cases all cross Australia including across New South Wales, Queensland and Tasmania.

1. Child Neglect and Abuse Charges

One of the most common charges in cases where religious beliefs lead to harm is child neglect. Parents or guardians who withhold medical care from a child due to religious beliefs can face significant legal consequences. If a child suffers from a life-threatening condition, such as diabetes, and medical care is denied, neglect charges can be brought. In many cases, this leads to the child becoming seriously ill or even dying.

In the case of Elizabeth Struhs, her parents’ refusal to provide medical treatment for her Type 1 diabetes resulted in her near-death experience in 2019, followed by her eventual death in 2022. They were charged with child neglect and later, manslaughter, after it became clear that their failure to seek medical intervention led to her condition worsening. Legal consequences for parents accused of child neglect can include lengthy prison sentences, especially if the neglect results in injury or death. In Queensland, such cases are taken seriously by the courts, and offenders can face severe penalties.

2. Manslaughter and Murder Charges

When neglect results in death, charges can escalate to manslaughter or murder. In the Struhs case, Elizabeth’s death from diabetic ketoacidosis in 2022 was a result of her parents stopping her insulin treatment, influenced by their religious sect’s practices. Manslaughter charges are common when a parent’s reckless or negligent actions lead to another’s death, and murder charges may be applied if there is evidence of intent or gross recklessness.

• Manslaughter: Charges apply when a person unintentionally causes the death of another through reckless actions. If a parent withholds medication or fails to act in a life-threatening situation, they may face manslaughter charges.
• Murder: In more extreme cases, if it is shown that the actions were deliberate or grossly reckless, murder charges can be brought. This is more likely when the defendant’s conduct goes beyond negligence and is shown to be intentionally harmful.

These charges carry severe consequences in the courts, and offenders can face long sentences. Legal representation is crucial for parents accused of these serious crimes to mount a defence against these charges.

3. Reckless Endangerment

In some situations, individuals may face charges of reckless endangerment if their actions place someone in serious risk of harm, even if no harm occurs immediately. For example, when parents refuse to provide their child with necessary medical treatment, they may face this charge for putting the child in imminent danger.

In cases involving religious beliefs, a parent’s actions may be seen as endangering the child’s life through refusal to provide medical care, resulting in reckless endangerment charges in courts across Australia including those in New South Wales, Queensland, and Tasmania.

4. Coercion and Manipulation in Religious Sects

Religious leaders who encourage followers to engage in harmful practices can be charged with coercion or manipulation. If a leader pressures followers to withhold medical care or engage in dangerous rituals, they may be held legally responsible. In the Struhs case, the religious leader, Brendan Stevens, was accused of manipulating the parents into refusing medical treatment for their daughter. Legal consequences for leaders may include charges of coercion, conspiracy, or manslaughter, depending on their involvement in the harm.

Consequences

The legal consequences for those found guilty of these charges are severe, as they can result in lengthy prison sentences and long-term social and financial ramifications. Below are some key legal consequences parents and religious leaders may face:

• Child Neglect: Penalties for child neglect can range from several years to 20 years in prison, depending on the seriousness of the neglect and the harm caused.
• Manslaughter: If convicted of manslaughter, the offender can face up to 25 years in prison, depending on the degree of recklessness involved in the death.
• Murder: Conviction for murder can lead to a life sentence in prison, with offenders serving a minimum term before becoming eligible for parole.
• Reckless Endangerment: This charge can result in penalties ranging from a few years to 10 years in prison, depending on how severe the risk to the child’s life was.
• Coercion: Religious leaders who are found guilty of coercion may face prison terms of 5 to 10 years, depending on their role in encouraging harmful actions.

The severity of these penalties reflects the seriousness with which Australian courts, including those in New South Wales, Queensland, and Tasmania, view cases involving religious extremism and the neglect or harm of children. In addition to prison sentences, those convicted of such crimes may face long-term reputational damage, which can affect their personal and professional lives for years to come.

Our team at Brooke Winter Solicitors specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.