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October 01, 2005
Apartheid Laws in Australia (Revisited)
Back in August, I posted Apartheid Laws in Australia which managed to attract only one single comment. I don't know if that was because the subject is politically incorrect, because nobody cares or because nobody believed the story.
In brief the post noted:
An Australian man who was 55 had been "promised" some years ago that he could marry a young girl when she grew older. She turned 14 so he took her, raped her (including anal sex), and beat her with a boomerang. The obvious charges were kidnapping, rape, assault, and penetration of a minor. It is quite likely that additional charges could also be laid. The judges ruling? One month.
It turns out that there has been a delayed reaction. According to Rape puts pressure on Aboriginal law:
THE Human Rights and Equal Opportunity Commission plans to intervene in a highly controversial case in which a judge gave a one-month sentence to a 55-year-old Aboriginal man 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 man under Aboriginal customary law at the age of four.
...
A decision by NT Chief Justice Brian Martin to sentence the man to only one month's jail after accepting he was unaware his actions were offences under NT law has created a furore.
The NT Office of Director of Public Prosecutions has lodged an appeal against the leniency of the sentence.
...
Federal Justice Minister Chris Ellison has said that Aboriginal customary law has no place in Australia's legal system.
Senator Ellison said it needed to be spelt out clearly at the national level that there was only one law for Australians.
...
He also said customary law should not be a mitigating factor in sentencing. "If you are guilty of a very serious crime you get sentenced like anyone else in Australia and in this case customary law played a part and I'm saying nationally it should not," Senator Ellison said.
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 was 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.
Right. Sure. Some yobbo (regardless of race, colour or creed) has convinced a judge that he "didn't know the law". I have news for him - "ignorance of the law is no excuse". Never has been. Never should be. Rape of a woman is rape - even inside marriage. There is no excuse for rape and this character deserves a serious sentence not a slap on the wrist.
Posted by Ozguru at October 1, 2005 08:00 PM
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