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Mateo Mathieu
Oct 4th, 2005, 08:48 AM
Elder's rape sentence to be reviewed

The Human Rights and Equal Opportunity Commission plans to intervene in a case in which a judge gave a short jail term to an Aborigine who anally raped and bashed his 14-year-old "promised wife".

In an unusual move, the commission will seek leave to appear before the Northern Territory Court of Criminal Appeal to intervene in the interests of the girl, who was promised to the 55-year-old man under Aboriginal customary law at the age of four.

A spokesman, Paul Oliver, confirmed yesterday that the commission would seek leave to appear before three Supreme Court judges on the appeal court. But he said he could not comment on the grounds for any intervention until it had been granted.

"It is up to the court whether to accept our intervention," he said.

A decision by the Territory's Chief Justice, Brian Martin, to sentence the man to only one month's jail, after accepting he was unaware acts committed on the girl were offences under Territory law, have created a furore.

The Northern Territory Office of the Director of Public Prosecutions has lodged an appeal against the leniency of the sentence. The Territory's Chief Minister, Clare Martin, has said she was "taken aback" by the decision.

The Federal Minister for Justice, Chris Ellison, said the circumstances of the case were horrific. Aboriginal customary law had no place in the legal system, he said, and it needed to be clearly spelt out nationally that there was only one law for Australians. Customary law should not be considered as a mitigating factor in sentencing.

Asked about Justice Martin's sympathy for the defendant, which was expressed in his sentencing remarks, Senator Ellison said: "I've got to say my sympathy in these cases is with the victim."

During an open-air hearing in the Yarralin community, 400 kilometres west of Katherine, on August 11 Justice Martin said he accepted the accused was a respected elder who believed striking the girl with a boomerang and having anal sex with her against her will were permitted under traditional law.

Justice Martin said he also accepted the man was unaware at the time that Territory law made it an offence to have sexual intercourse with a child under the age of 16."

He said he hoped Aboriginal communities would reconcile local traditional law with Territory law.

http://www.smh.com.au/news/national/elders-rape-sentence-to-be-reviewe d/2005/09/27/1127804477978.html (http://www.smh.com.au/news/national/elders-rape-sentence-to-be-reviewed/2005/09/27/1127804477978.html)

Rohin.
Oct 4th, 2005, 08:51 AM
not knowing the law is no excuse...

I don't care about traditions that guy should go to jail for 20 years..

Erika_Angel
Oct 4th, 2005, 09:38 AM
That's disgusting. How anyone could rape and bash anybody, let alone a minor, is against me.

Ekkekko
Oct 4th, 2005, 09:45 AM
That's disgusting. How anyone could rape and bash anybody, let alone a minor, is against me.

It is beyond my comprehension :tape:

Wigglytuff
Oct 4th, 2005, 11:29 AM
thats sick

~ The Leopard ~
Oct 4th, 2005, 12:06 PM
I love these traditional cultures. We really must make sure we preserve them.

~ The Leopard ~
Oct 4th, 2005, 12:06 PM
^I'd better put a sarcasm warning.

Ceze
Oct 4th, 2005, 12:10 PM
^I'd better put a sarcasm warning.you'd better, except if you want to be badrepped :rolleyes: ;)

~ The Leopard ~
Oct 4th, 2005, 12:12 PM
Well, if I'm going to be badrepped it had better be for the right reason. :D

Ceze
Oct 4th, 2005, 12:13 PM
Well, if I'm going to be badrepped it had better be for the right reason. :D:lol: :lol:

Lord Nelson
Oct 4th, 2005, 12:35 PM
I love these traditional cultures. We really must make sure we preserve them.
:lol:

Maryamator
Oct 4th, 2005, 02:03 PM
not knowing the law is no excuse...

I don't care about traditions that guy should go to jail for 20 years..
ur so right.

SelesFan70
Oct 4th, 2005, 04:17 PM
I love these traditional cultures. We really must make sure we preserve them.

Ah, yes... :tape:

Gerri
Oct 4th, 2005, 04:41 PM
"Justice Martin said he accepted the accused was a respected elder who believed striking the girl with a boomerang and having anal sex with her against her will were permitted under traditional law."


What fantastic traditional laws. I hope he gets a long jail sentence. So many are scared to speak out against 'traditional' or religious customs which lead to the abuse of thousands of people, for fear of offending people. Abuse is abhorrent no matter who, where or why.

Black Mamba.
Oct 4th, 2005, 04:49 PM
This is so bad, but I wonder when will people in the world realize that rape, especially child rape is a very serious crime and that the scum that do it should get the death penalty.

hablo
Oct 4th, 2005, 04:52 PM
poor girl :hug:

Scotso
Oct 5th, 2005, 08:28 AM
I'm all about preserving unique societies... but "custom" is no excuse for accepting what should be a crime in any society.

ceiling_fan
Oct 5th, 2005, 09:23 AM
Wtf

SpikeyAidanm
Oct 5th, 2005, 10:23 AM
Jailing is overated, you get to go to the gym for free, meet new ppl, it's like living in a 1 star hotel basically but it's free.

fOxYLiCiOuS
Oct 5th, 2005, 10:57 AM
That is sooo wrong. This so called "Aboriginal Customary Law". Its so customary its not even recognised in Australia.

The law states across the WHOLE of Australia, all states and territories that it is an offence to have ANY type of sexual contact with a minor (16years and under).

"Not knowing the law" is no excuse. He raped her!

Mercury Rising
Oct 5th, 2005, 02:18 PM
One month of jail! Wow, I hope he gets through it.

Kart
Oct 5th, 2005, 07:41 PM
I'm not convinced that rape and assault are part of any traditional culture.

The lenience of the sentence is horrifying.

R&J
Oct 5th, 2005, 10:39 PM
not knowing the law is no excuse...

I don't care about traditions that guy should go to jail for 20 years..

yep, I agree.