Rape case highlights need to reform handling of sexual abuse cases

  • Published on 14/12/2007
  • by: Pandora
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We are outraged at the failure of the Australian legal system to ensure justice and adequate protection for a girl gang raped by nine men. The case sends a message of support for discredited attitudes towards women and girls and creates an environment in which the victim is on trial - not the defendants.

Nine males pleaded guilty to raping a ten-year-old Aboriginal girl in the community of Aurukun in Cape York, Queensland in 2006. None of the offenders, who were tried in Queensland District Court, will serve a custodial sentence. Six boys were sentenced to 12-month probation orders, with no convictions recorded, while three others aged 17, 18 and 26 were given suspended sentences. The Queensland Crown Prosecutor Steve Carted described perpetrators as "naughty" and the act as a "childish experiment" to which the victim willingly consented. In her sentencing statement, Judge Sarah Bradley stated that the girl was "not forced" and "probably agreed to have sex" with the offenders.

Amnesty International welcomes the Queensland Government's action to address this matter, including the decision to stand down the Queensland Crown Prosecutor pending an investigation into his handling of the case, the Queensland Attorney General's intervention for the case to be appealed, and the review of 75 similar cases over the past two years. However the case demonstrates the urgent need for reform of the judicial system to better protect girls' right to live free from violence.

Amnesty International Australia has been campaigning for a National Plan of Action and welcomes the Rudd government's commitment to a national plan. We are calling on the Australian Government to:

  • Ensure the national council to oversee the national plan includes indigenous representation
  • Develop a national plan to ensure prosecutors, judges and other personnel are adequately trained in dealing with issues of sexual violence
  • Consider the implementation of specialist sexual assault courts, in which child survivors are provided with an advocate.

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Comments

Comments are submitted by members of the public and do not necessarily reflect the opinions or positions of Amnesty International Australia. If you find a comment objectionable please contact the web editor.

I feel such shame to be an
Australian and in this case
a woman.
No child of 10 can legally give
consent to such an appalling crime.  Then to think that the offenders pleaded guilty and yet their actions were excused by those that we expect to uphold the rule of law.
I wonder about the ethical and moral standing of both the Judge
and Prosecutor and their fitness to hear and present such cases.  Shame Shame.

comment by:

Robyn Debnam
23/12/2007
05:16 PM

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The law should protect all people regardless of race and this is a clear case where this has not happened.  Would a 10 year old who is not indigenous be treated in such a way?  Of course a ten year old girl cannot consent to sex.  It’s a ridiculous suggestion and the judge in this case does not appear to be fit to be a judge.

comment by:

lindre1
23/12/2007
12:57 PM

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This appalling case is just a recent example, in a long line of unbelievable leniency towards those who rape children. It has longterm dire consequences ,both for the retraumatised victims and for community respect of the so called “justice” system.

To provide a wider perspective, read the book “Court Licensed Abuse” by S Caroline Taylor.

There is NO comfort in the fact that the same myths about and hatred of child/adult females ("all lie about male violence and sexual predation") permeate our “Justice” system like a poison equally for white as for indigenous Australians.

comment by:

Kerrie Waldron
22/12/2007
12:00 PM

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As Amina stated so clearly Australia has its own serious shames of mistreatment of many people.  I feel sad that this young girl had to experience such humiliation by fellow human beings - she deserves to feel that the justice system will take appropriate action to protect her and all other women.  I would like her to know she is held in high esteem and she does not need to hang her head in shame.

comment by:

Margaret Young
22/12/2007
08:46 AM

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How can a person who has only been on this earth for 10 years possibly give consent.  It is easy to manipulate children into anything. The law appears to have little to do with justice in this case.  I’m ashamed to be a white Australian.

comment by:

simone kelsey
21/12/2007
09:41 AM

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Upon reading this case, i was disgusted at the Oueesnland’s Government.
The poor child was 10 years old, how could a 10 year old possibly distinguish between a game and sexual intercourse?
The boys were merely trying to talk her into something ‘fun’, but little did she know what ‘fun’ to them meant.
And even if it were consensual from the 10 year old, the boys are 17+? At the age of 17 they should be able to distinguish what is wrong and what is right.
If they were to plead guilty and didnt get charged for rape, dont you think that they should be charged with Child Molestation otherwise Pedophilia.

comment by:

Truc Ly
21/12/2007
06:35 AM

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This case highlights one of the reasons people don’t speak up about sexual abuse? The fear of not being believed, the shame and blame etc.

It leads to the question how many sexual abusers within Australia are never treated or reported? There must be a lot considering that it is estimated that 1 in 4 girls and 1 in 7 boys are sexually abused by the age of 16 (cited Bravehearts Inc., Ditto’s Keep Safe Adventure, 2003).

This case merely highlights the greater need for more help and education within all of society to stop the cycle of sexual abuse. 
Let us be the generation to take a stand and stop sexual abuse for all future Earthlings.

comment by:

Siobhan Smith
20/12/2007
09:33 PM

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No 10 yr old is physicaly ready for sex.
No 10 yr old is mentally ready for sex.
No 10 yr old may legally consent to sex.
This is child rape.
The judiciary of Australia owes this child justice.
In hope, Olivier

comment by:

Olivier La Mer Adair
20/12/2007
06:28 PM

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So it’s not only the Saudis, the Iranians and the 3rd world who deny justice to their people.We are always blaming other countries for their failure and we are such a “great democracy” where the poorest of victims had to hear the shameful comments of a man who is unfit to be a judge and a prosecutor who should be dismissed immediately for life. After the great shame which is ours, locking up refugees for years, another shame has been added
Amina

comment by:

Amina Daligand
20/12/2007
03:39 PM

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The Queensland Crown Prosecutor Steve Carted and Judge Sarah Bradley should hang their heads in shame. We are supposed to be a civilised society that values and protects children! If our legal system can negate the gross pack rape of a child and a judge can guestimate it with language such as “probably agreed to have sex” then this is a crippled legal system that needs an overhaul to comply with basic social justice & human rights principles

comment by:

Michelle Tierney-Elliott
20/12/2007
03:04 PM

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Irrespective of the girls complicity, the law should be upheld against those active in unlawful actions. The whole area of law enforcement towards the Aboriginal community is a minefield, but compromising the fundamental right to protection by our law, due to someone’s ethnicity, only heightens our immorality towards the victim. If the girl had been from Mosman, I wonder if the sentence would have been the same?

comment by:

Robert Salisbury
20/12/2007
02:25 PM

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What’s that old saying about you can measure the strength of a country by the way it treats it’s most vunerable citizens. We need to let that young girl know that others care and value her.

comment by:

anne sullivan
20/12/2007
01:19 PM

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The day that verdict came out I was ashamed to be an Australian and as a woman I was disgusted at our judicial system (or lack there of). How can a 10 year old girl protect herself from such a violation of her human rights, if her government does not!!!

comment by:

Jacki Carruthers
20/12/2007
11:40 AM

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Astounded and disgraced. How could ANYONE, let alone a Judge assume that a 10 year old could possibly consent to such a disgusting and heinous crime - I cry for the future.

comment by:

Dan O'Connell
20/12/2007
11:17 AM

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THis is outrageous. that in any country in the world it becomes acceptable that a case of rape is treated with non custodial sentences, but rather with legal versions of a slap on the wrist. my sympathies are with the rape victim. this is not something which any woman should have to endure.

comment by:

Meg Pollock
16/12/2007
09:36 PM

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