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rapists of 10yo girl escape justice (Read 2888 times)
freediver
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rapists of 10yo girl escape justice
Dec 12th, 2007 at 8:53pm
 
interesting perspective from crikey:

The voice on the other end of the phone yesterday was nervous and furtive. I was talking to an officer at the District Court in Cairns, trying to get a copy of the sentencing remarks of Judge Sarah Bradley in the case involving the s-xual assault of a 10 year old Aboriginal girl. Normally, this wouldn't be a problem, but the official was clearly fearful of providing me with any information. I got a copy of the judgement but it was obvious that the impact of the media and political witchunt on Judge Bradley is adversely affecting the hard-working staff at the Cairns District Court.


So was Judge Bradley’s sentence so outrageous as to warrant the fevered reaction of the past few days? The short answer is no.


Firstly, it has to be remembered that six of the nine defendants were under the age of 16 and jail is rightly regarded as undesirably and grossly inappropriate as a punishment for them. Secondly, custodial sentences are not the way to rehabilitate people, particularly Aboriginal Australians. They simply lead to increased recidivism and an exacerbation of existing behavioural difficulties.


Let’s explode one of the great myths of this case. That because in her sentencing remarks Judge Bradley said that the victim "was not forced and that she probably agreed to have s-x with all of you," she was implying that the victim consented to s-x with the defendants. This is not the case at all.

All that Judge Bradley was doing was stating the facts of the matter – that this was not a case where the accused physically struggled. That’s all. Judge Bradley is in no way implying that there was legitimate consent on the part of the victim. In short, to compare Judge Bradley with former South Australian judge Derek Bollen, who a decade ago infamously dismissed a complaint about a marital rape as nothing more than "rougher than usual handling", is grossly unfair and simply wrong.


The aspect of this case that is perhaps the most sickening is the way in which politicians have thrown up their hands in horror and jumped all over Judge Bradley and the Crown prosecutor in the case. These politicians – Liberal, Labor and National, federal and state -- are the very same people who have allowed the rate of Indigenous offenders in prison to remain outrageously high year in and year out.

...

As Rockhampton Magistrate Annette Hennessy and Queensland Community Corrections officer Carolyn Willie noted in a 2006 paper:


It is only through real rehabilitation that offenders can move from recidivism to worthwhile members of the community. Whilst prisons were created for punishment, they are not efficient or effective rehabilitators. Re-involvement of indigenous offenders in their community through the care and leadership of Elders and responsible members of the community rather than removing them from the community would seem to have countless more beneficial effects for all concerned. The involvement of the indigenous community in the solutions to the tragedy that is domestic and family violence is essential. Culturally appropriate and effective counselling and treatment for offenders whilst they are suitably punished for their wrongs is the only path to reinstating them in society.


Finally, calls for Judge Bradley to stand down, pending an appeal by the State against her decision, are completely misguided. She has carried out her duties honestly and with integrity – some people may not like the decision but that is no reason to persecute this judge.
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Re: rapists of 10yo girl escape justice
Reply #1 - Dec 12th, 2007 at 9:18pm
 
Firstly, it has to be remembered that six of the nine defendants were under the age of 16 and jail is rightly regarded as undesirably and grossly inappropriate as a punishment for them. Secondly, custodial sentences are not the way to rehabilitate people, particularly Aboriginal Australians. They simply lead to increased recidivism and an exacerbation of existing behavioural difficulties. "

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rubbish..even if that were true and I say its not, its not a reason to let them walk free. There are Detention Centres for pple like these.

The young girl was also raped when she was 7 yrs old by 5 men. That went unanswered too.

This case is an outrageous endictment as to the way the Indigenous Pple in this country are marginalised and how racist rediculous Policy has allowed the Indigenous Communal situations fester to the point of gross and inhuman treatment of its most vulnerable- the children.

Why does this come as a surprise to many ?- it shouldnt-its happening everywhere in every Idigenous Community in Australia.
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Re: rapists of 10yo girl escape justice
Reply #2 - Dec 14th, 2007 at 1:10am
 
This case sickened me, a 10y-old, when there was some pplz in the group over 20, disgusting! Angry
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Girl endured six weeks of sex attacks
Reply #3 - Dec 14th, 2007 at 3:46pm
 
November 14th
Girl endured six weeks of sex attacks Font Size: Decrease Increase Print Page: Print By Kevin Meade and Sarah Elks | December 14, 2007
THE little girl who was gang-raped in the Cape York community of Aurukun was subjected to a six-week reign of sexual abuse by her attackers.

The story of the attacks on the 10-year-old is told in sparse but chilling detail in a police statement presented in court to Sarah Bradley, the District Court judge who failed to jail the attackers.

The document also reveals that apart from the gang rape, the little girl was raped at least six times over a period of six weeks by the nine males who pleaded guilty to attacking her.

Steve Carter, the prosecutor who has been stood aside pending an investigation into the case, did not give details of the gang rape during the sentencing hearing in Cairns District Court, which was sitting in Aurukun.

Instead, Judge Bradley apparently relied on the statement of facts Mr Carter presented to the court, and released to The Australian yesterday.

The statement says the gang rape was committed by Raymond Woolla, 26, Ian Koowarta, 20, Michael Wikmunea, 19, and a number of juveniles at a house in Aurukun on an unknown date between May 1 and June 12 last year.

One of the juvenile offenders told police he went to the house with another boy to see the girl. "The complainant asked this accused if she could have sex with him," the statement says.

"Initially, he said he couldn't because she was just a little kid, but she kept asking him so he put a condon (sic) on and had sex with her."

Another boy who was in the house told police the girl did not want to have sex, but one of the juvenile offenders forced himself on her.

"He had sex with the complainant ... The complainant was telling him to stop."

Koowarta told police Wikmunea had forced him to go to the house. They went there with Woolla. "He said the four of them had sex with the complainant. Michael (Wikmunea) went first, then (a juvenile) then Raymond (Woolla) ..."

One of the boys confessed to police that apart from the gang attack, he raped the girl twice, once at a house after a disco and once behind a bank a few days later.

Another boy told police he raped the girl the night of someone's 21st birthday party.

"They went to her aunty's house on their bike and had sex there," the documents say.

The girl had been living with a foster family in Cairns but against Department of Child Safety advice stayed in Aurukun after being returned to the community for a funeral.

Her family and the department had agreed to return her to Cairns, but failed to act soon enough to prevent further attacks in Aurukun shortly after her return last year.

The victim's aunt told The Australian this week the now 12-year-old was a "little girl who has had the light turned off in her life".

And her mother claimed the girl had been raped in the past by some of the same Aurukun boys who attacked her after her return to the community last year.

In a record of interview last year, obtained by The Australian, a police officer who had questioned the victim told a high-level investigative review team that when he first met the girl, he suspected she had been sexually abused.

"One thing that stood out when she came in, she shaved all her hair off and there's a couple of girls that I've seen and it's always ... been the case that they ... have been the victims of sexual abuse. It's one of the indicators that I've noticed that stands out, the acts of violence in the community, being armed and then out of some sort of shame or whatever they shave their hair."
When asked whether that was to "make themselves less attractive", the officer said: "Yeah, and she had, like, a jumper on her head but wrapped up like a bouffant type of ... which - I knew I wasn't dealing with an ordinary child".

The officer said it was difficult putting the child at ease enough to speak with police. He said it was difficult to even get her into the interviewing room.

Once they did "build rapport", the officer said the girl had "openly volunteered that she had had 'sex with four or five men', the oldest of whom she thought was 18 and the youngest 19". "The child stated that the boys 'like sex a lot' and that she 'little bit liked having sex'," he said.

The officer said the girl was found to be "very talkative in comparison with other children of her own age in that community". "It is understood that this child is intellectually impaired as a result of fetal alcohol syndrome and is known for frequent violent outbursts."

He said the girl had a history with the Department of Child Safety and detailed one outburst when the girl was nine, where she had "gone to the local shop with a stick and wanted to bash the shopkeepers and had done something to a forklift and she'd been in regular trouble in the community".

He said she had committed a series of break-and-enter offences in the com
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freediver
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I was a scapegoat: Qld DPP officer
Reply #4 - Jan 7th, 2008 at 12:02pm
 
http://news.smh.com.au/i-was-a-scapegoat-qld-dpp-officer/20080107-1kje.html

The crown prosecutor criticised for not asking for custodial prison sentences for nine males convicted of the gang rape of a 10-year-old girl says he has been made "a sacrificial lamb".

Steve Carter, 53, last week resigned from his position of senior legal officer with the Cairns office of the Director of Public Prosecutions (DPP) following a nationwide outcry at the sentences handed to the group.

Queensland Attorney-General Kerry Shine had ordered Mr Carter to show cause why he should not face disciplinary action by January 14 but his resignation means he will not have to respond.

Mr Carter told News Ltd newspapers he had resigned in protest of his treatment and claimed he had simply been following the instructions of his superiors.

Mr Carter claimed prosecutors were struggling under an "immense workload" and a mismanaged DPP.

He said prior to being asked to stand down last month he had been working up to 30 hours of unpaid overtime each month and juggling a workload of about 200 cases.



Qld leader blames rape case prosecutor

http://news.smh.com.au/qld-leader-blames-rape-case-prosecutor/20080108-1ksn.html

Queensland's Acting Premier Paul Lucas says the prosecutor at the centre of the Aurukun gang rape case acted independently when he decided not to seek custodial sentences for the nine convicted males.

Mr Lucas said an Office of Public Service Commissioner investigation had found Mr Carter made his sentencing submissions based on his own deliberations, not those of his superiors.
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« Last Edit: Jan 8th, 2008 at 6:11pm by freediver »  

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