http://www.dnaindia.com/report.asp?newsid=1138465 Is this due to differences in Aboriginal laws? Do the Aborigines follow a separate legal system?
In some instances yes. There have been cases where tribal law is used as the punishing force for offenders. But this case.. This is something completely different. This case has prompted the State Government to launch an inquiry into the sentences handed down in the region for the last two years. How in the hell she could say the girl probably agreed to it is beyond me. A 10 year old girl, confronted by 9 men (the oldest being 26), is in no position to consent to sex, especially to sex with 9 men. No child that age is in a position to agree to sex with anyone.. let alone 9 men. This child was known to community services, after she had been abused and raped when she was much younger. As a result, her behaviour became sexualised (as is often the case in child abuse cases), She had been removed from the community, but returned, only to be gang raped. The system as a whole failed her.Link The judge should be dismissed immediately. She should have been dismissed a long time ago. This is not the first time she has done something like this. She has a history of being lenient on sexual offenders.Link. There are current discussions in the legal community in Queensland at the moment, about whether if the offenders had been white, would they have been jailed... Sad to say the answer to that is most probably yes. Judge Bradley has always been a key advocate in dealing with the over-representation of Indigenous people in the criminal system.(Link) But this.. This is a disaster. It is one thing to do everything you can to reduce the number of Aboriginals in the criminal justice system. It is another thing altogether to allow 9 men to walk free for gang raping a 10 year old girl.
The details Bells posted just make this ruling all the more appalling. This girl's welfare was so shitfucked and mismanaged, everyone who was involved that allowed this to be happen should be sacked ASAP.
I'm surprised that the Aboriginal leaders are not more involved. On second thoughts I'm not. Keeping part of the community in an oppressed state is very useful politically. And unfortunately also common among tribal leaders elsewhere.
They are involved Sam.Link I happen to know Bonnie quite well. And she is right. Other Indigenous leaders have also come out in protest at this sentence. This judge does need to either resign or be dismissed immediately. The prosecutor in the case, Steve Carter, also needs to be dismissed. He did not request a custodial sentence for any of the accused. This reeks of a prosecutor hell bent on just getting a guilty verdict and agreeing to a plea. His actions now mean the appeal process for the verdict will be quite difficult. The Attorney General will be appealing the sentence, but Carter's failure to request for a jail sentence will make that quite difficult. This particular case is one that is steeped in problems of the past. Australia is still trying to come to terms with the stolen generation issues. As a result, there is a reluctance to remove Indigenous children from their families, even if their staying places them in danger. There needs to be a balance, where and if a child is abused or is in danger of abuse from anyone in their community or home, that child should be removed immediately. And this is what had originally happened with this girl. She was placed in foster care with a family who were also attempting to rehabilitate her from the abuse she had suffered as a 7 year old, which had resulted in her promiscuous behaviour. She was then placed back with her family and right back into the community that had failed her previously. It was then that she was gang raped by a group of teenage boys and men, who come from powerful and influential families within that Indigenous community.Link The system as a whole failed this child. Sadly, she is not the only one.
I meant in terms of legal grievances or political pressure. Protests are useful only if there is also the power to effect change.
They are involved. There are a lot of sensitivities in cases like this one. Child services are sometimes told to play it safe and not remove the child from its parent's care. Aboriginal leaders are walking a fine line, between trying to manage the Indigenous communities and ensure they are protected from unfair treatment and trying to make sure those who face the justice system are treated fairly.. I doubt anyone in their right mind would have expected the Judge to hand down the sentence she handed down. And no one would have expected the prosecutor in the case to not demand a custodial sentence.
The Aboriginal community is all but destroyed here in AU. I've known people who work in Aboriginal communities in the outback and I really don't know what to say. Part of the blame is the changing times that colonization has brought and part of the blame is the Aboriginals themselves. A generation ago Aboriginals were taken from their homes and put in "White" homes or Xian orphanages. This ruined many families. But we should also keep in mind that Aboriginals were at about the level of the stone age when the Europeans came here. I don't think they had a written language nor the ability to work metal. They were suddenly thrust into the 19th and 20th century. Many Europeans considered them subhuman. They used to go on sporting trips where's they'd kill them for sport. As I was told, Tasmanians lined up across the island and murdered every aboriginal living down there. Just sick. Now we have Aboriginals in a sorry state of affairs. My friend was paid to clean Aboriginal houses in the Northern Territory. These places are filled with roaches, trash, soda bottles, beer bottles, flies, filth etc.. The whole house needs to be bleached. After she leaves the Aboriginals go in and go back to tossing crap on the floor and wait until 4-6 months later when the gov sends people back to clean it again. Many Aboriginals just wait around for their government check. Lots of times when land is given to Aboriginals they sell it off for a quick profit. Children are promised for marriage to men in their 50s and polygamy used to/can be the norm. There is a HUGE - f*cking HUGE problem with gas-sniffing (yeah the stuff you put in your car). It's so bad that only gas that can not make you high when you sniff it is sold in the outback. Beer is now being downright banned. Prejudice on the part of both Aboriginals and non-Aboriginals is ramped. Rape of children is very common in many Aboriginals communities. This is the reason for this sentence. If they put every Aboriginal in jail for having coerced sex with a minor they lock away a large portion of the Aboriginal community. There are some very intelligent people trying to make a difference and it's tough. Most start out with good intentions and give up. Aboriginal people have a very different culture and it doesn't fit with modern culture. I'm not sure what the solution is. I will say this: Somehow alcohol must be restricted and people need to NEVER give change to Aboriginals begging in the city. Also the dole must be a work for money sort of system no free bees. Michael
It seems like an impossible situation. What do the Aboriginals think about all this? Do they have any notions on the kind of changes they would like to see? Is there a system of local governance within them?
The Indigenous community, like the rest of Australia, only feel utter disgust and despair at this ruling. Not just because it is totally despicable how 9 rapists were allowed to walk free, but also at the Judge who deemed a 10 year old girl able to consent to the rape. I think the main thing that needs to happen in Australia is cultural awareness and understanding. Most white Australians do not understand Indigenous culture. Most importantly, there needs to be respect, something which is sadly lacking. Most importantly, the condescending manner in which the Federal Government and the State Government's have treated them in the past and in the present, only increases the divide between Indigenous Australians and white Australians.
Wow, and the judge who made the ridiculous remark that the 10 year old probably consented to a gangbang is female herself. How f'ed up is that?!
I actually wonder whether female judges actually rule more or less harshly in rape cases (with a female victim).
The Judge was not the only one. Here is what the Prosecutor stated during the case. Keep in mind he is talking about a 10 year old girl who had been sexually abused and gang raped on a previous occasion, when she was 7 years of age: He has now been stood aside as the DPP investigates his conduct in this case.
Isn't the job of the prosecutor to attack and shame the defendants, instead of minimizing their crimes?
