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Revelations that a judge released nine people who had been found guilty of raping a 10-year-old girl because she "probably agreed to have sex" have sparked a massive round of soul-searching within Australia about the problem of abuse within Aboriginal communities.
Amid public outcry, the Government of Queensland announced a review of all sexual assault cases in Aboriginal communities on Cape York, the remote region where the assault occurred, and white residents joined Aboriginals in demanding the sentence be overturned.
Kevin Rudd, the new Prime Minister, also made one of his first interventions since becoming leader when he said he was "horrified" by the result of the trial.
The issue emerged into the spotlight this morning when Australian media reported that Sarah Bradley, a district court judge, had placed six of the offenders, who were juveniles at the time of the rape, on 12-month probation and recorded no convictions against them.
She also suspended six-month prison sentences for the three other offenders, aged 17, 18 and 26.
Ms Bradley told the offenders in her sentencing remarks that it was illegal to have sex with anyone younger than 16, but that the victim in this case "was not forced and she probably agreed to have sex with all of you," The Australian Broadcasting Corporation reported.
As well as causing outrage, the judgment led to renewed questions about the problem of sexual abuse within Australia's Aboriginal communities less than six months after a Government report found there was serious child sex abuse in societies in the Outback Northern Territory.
Speaking just days after arriving in office, Mr Rudd said: “I’m disgusted and appalled by the reports that I’ve seen ... on this case.
"I am horrified by cases like this, involving sexual violence against women and children. My attitude is one of zero tolerance.”
Among measures after the report six months ago, the government of John Howard, the former Prime Minister, moved to seize powers from the territorial government and impose restrictions on alcohol sales and distribution of pornography.
However, while the report’s authors said the problem of child sex abuse was also probably rife in remote Aboriginal communities in other areas, its plan only applied to the Northern Territory, where the federal government has constitutional powers it does not have over the country's other states.
Boni Robertson, a Queensland Aboriginal activist, said there was no excuse for the rape, or the leniency of the sentences, and that culturally Aboriginals should not tolerate sexual abuse within communities.
“There is nothing culturally, there is nothing morally, there is nothing socially and there is definitely nothing legally that would ever allow this sort of decision to be made,” she said.
Anna Bligh, Premier of Queensland, said she had ordered an immediate review of all sentences in the past two years for sexual assault on the Cape York Peninsula to ensure there was not a trend of leniency.
“The nature of the sentences in this case are so far from community expectations I have to say I am alarmed, and I am not prepared to just write this off as an unusual one-off case,” she said.
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I'm totally appalled by this judge's decision but I have a suspicion that this is not an isolated incident. In the U.S., simply put, this couldn't happen under the law. The decision would be thrown out. So how is it possible in Australia?
This judge's ruling points to some very deep flaws and discrepancies in the Australian legal system that allows for some people to be held liable for crimes while others are not. Very bizarre and troubling. Even more disturbing is the very real idea that some victims are just not recognized as such. The judge's comments about this child agreeing to sex is nauseating. But is she alone in her findings? My guess is she's not and an investigation will prove that.
Nikki, Palmyra, New Jersey, USA
Given that this girl was previously gang-raped at age 7, it may well be that she took the path of least resistance and thus did not vigourously fight and did not appear to be "forced". However passive submission to the inevitable in the face of overwhemling odds is quite different from agreeing to have sex. A ten year old cannot agree or consent to having sex with anyone -- let alone a GANG of adult or nearly adult men. This is clearly a case of unequal power - numerical, physical, emotional, and intellectual. The men and boys pleaded guilty! This judge clearly has some issues -- morally, spiritually, legally, and ethically. I hope she is sanctioned and removed from office and that the court system overturns her sentences. What a shocking shame. God bless that poor child. The child, the rapists, and the judge all need our prayers -- all are hurt by violence and injustice -- not just the victim. Injustice anywhere is a threat to justice everywhere!
African-American Woman, Ann Arbor, Michigan, United States
The judge should be put in jail. A ten year old is not capable of deciding weather she wants to have sex. The men in this case are pedophiles and culture does not mean anything in a case like this. Children of all cultures have a write to live without abuse.
Angela , London, UK
I am shocked that a judge who is 'normal' would ever justify a 10 year old being raped or sexually assaulted. I reckon this judgement stinks of racism. The judge should get the sack, she is obviously prejudiced and does not have good reasoning and sound judgment skills. Totally unbelievable
Muchazondida, London,
Can anyone believe that a 10 year old girl would agree to have sex with nine men? And even if she did, it does not excuse a lenient sentence. A 10 year old is not capable of meaningful consent. Sarah Bradley should be sacked immediately. She is responsible for the violation of any other children these men decide to rape.
Rowan, Bogor, Indonesia
Sorry D. Wyllie., Melbourne, Australia, but you seem to blinkered. Are you attempting to say that there is no racial predjudice against aboriginies in Australia? And are you arguing that life expectancy is not a good indicator of standards of living? Anna was not defending the verdict but was simply stating that she was not surprised (as neither am I) by the outcome from an intrinsically racist country.
Rob, Singapore,
The judiciary in Australia is letting all women down - no matter what colour they are. They need to stand up and protect all women against violence NOW or get out of the law. This "Judge" is not a fit human being and is a disgrace to all women. Throw her out like the trash she is.
Lynne, melbourne, vic
As an Australian, I am truly horrified that such an act of violence is essentially excused by our judicial system. We are all someone's children, no matter the colour of our skin. As adults, we are the protectors of young ones and should an event such as this occur, then the full force of the law is expected/required to punish the person/persons who committed the crime. The Judge who ruled on this case clearly requires being reviewed by her peers. The community in Australia is totally outraged by the Judge's decision and as such, our PM has intervened - rightly so. The PM has a zero tolerance for such offences - the same view shared by the majority of Australians.
Anna Stevens (Oxford) My question to you is this:-
What does life expectancy have to do with this isssue? What does the colour of one's skin have to do with this? You are an ill informed woman. There is no excuse for ANY act of violence. Cultural differences play NO part in this ruling.
D. Wyllie., Melbourne, Australia
Having lived in Oz for some years, the sentence comes as no surprise. Many Aussies - especially in Queensland - are racist. Aborigines have a life expectancy 20 years less than the average white Aussie.
Any one like to guess what the result would have been if the girl had been white?
Anna Stevens, Oxford,
If it is illegal in Australia as in the UK to have sex with someone under 16, where does this judge draw the line? A 10-yr-old girl "probably agreed to have sex with all" of them - six juveniles, and three others which included a man of 26.
Would a 6-yr-old agree? A 2-yr-old? What exactly in her mind does the "under 16" law mean?
I can only hope she is relieved of her occupation without delay.
Daffers, Brighton, UK
I am appalled at the leniency of the sentencing and the quoted remarks of the sentencing judge. A 10 year old girl is still only a 10 year old in whatever culture, and an adult cannot seriously claim to believe that a 10 year old would have full understanding of what she was doing, even less so in the matter of sexual consent. There are no 'buts' .....
R Valtonen, lapeyre, France
Why the Crown prosecutor recommended not to impose custodial sentences? But again we need to have all the facts make public or justice 's been blind for simple fact that it is ok to have sex with a child when she said "YES".
theo ng, sydney, australia