CHILD SEX CASE MUST BE REOPENED
10.12.2007
The courts have clearly failed community expectations
AS the nation struggles to confront the horrors of child sex abuse on indigenous communities it is almost beyond belief that nine people can plead guilty to having sex with a 10-year-old girl but no one is sent to prison. Instead, Queensland District Court judge Sarah Bradley appears to have treated the gang rape as if it were nothing extraordinary. Even a repeat sex offender who admitted taking part in the incident was let off with a suspended sentence.
It is difficult to imagine a worse message for vulnerable girls and women on indigenous communities everywhere than the one sent by Judge Bradley over the incident that took place at Aurukun on Cape York two years ago. Her judgment, handed down on October 24, gives comfort to those who have sex with children on Aboriginal communities at a time when tough action is needed to send the clear message that this sort of behaviour must stop.
As The Australian's Tony Koch reports today, nine males, six of them juveniles, admitted having sex with the 10-year-old-girl at Aurukun. The six juveniles are aged 14 to 16 years, and the adults 17 to 26. Judge Bradley sentenced the adults to six months' imprisonment, fully suspended for 12months. The juveniles were each placed on probation for 12 months, with no conviction recorded.
In passing sentence, Judge Bradley gave little indication that she considered the charges to be much more than an episode of tomfoolery that the participants should not repeat. ``All of you have pleaded guilty to having sex with a 10-year-old girl,'' she said. ``All of you have to understand you cannot have sex with a girl under 16. If you do, you are breaking the law.''
Judge Bradley said she accepted the girl involved ``was not forced and that she probably agreed to have sex with all of you, but you were taking advantage of a 10-year-old girl and she needs to be protected, and young girls generally in this community need to be protected''. Despite Judge Bradley's comments, there is little evidence the girl at the centre of the ordeal has received the protection that she is entitled to expect from the court.
The way in which the District Court handled the child rape case in Aurukun sends a series of troubling messages. One message is that things are so totally out of control at the Aurukun community that such behaviour is considered almost to be normal. Another message is that, once again, the Queensland justice system has shown itself to be completely out of touch with the expectations of the broader community. A third, worrying impression given by the case is that influential families can allegedly still fare better under the law in north Queensland.
As Koch reports, the men and boys at the centre of the sex abuse scandal represent some of the most prominent and powerful Aboriginal families on Cape York. Relatives of the young girl, who does not share the privileged background of her attackers, say the incident has already sparked violence and that it may be only a matter of time before someone is killed. Aurukun has a history of rioting and drunken violence. In recent weeks, violent tensions have been just below the surface.
Earlier this month, a fight at the Aurukun community escalated into a free-for-all joined by men armed with knives and spears, watched by a crowd of 200 people. Without a circuit breaker, local police are expecting tensions to boil over at any time.
The Australian believes the Queensland Government must take urgent steps to address the many issues raised by the handling of the child sex case.
It is outrageous that the opportunity for the Attorney-General to appeal has been lost, but he should investigate how the matter was dealt with by legal aid. Judge Bradley's superiors should launch their own investigation into her handling of the case.
Most importantly, government welfare agencies must make sure that all possible steps have been taken to provide proper counselling and adequate care for the child at the centre of the case to ensure her long-term wellbeing.
This opportunity should be seized to send a clear message to communities everywhere that it is never possible for a 10-year-old girl to consent to have sex under any circumstances. And anyone who takes advantage of a young child for sex should expect more than simply to be told not to do it again.
The judgment vindicates any behaviour whatsoever by males in Aboriginal communities. It raises the question: if the rape of a child can spur leniency, just what crime wouldn't?
It is certain what would be the fate of a male judge who handed down such a sentence in the rape of a 10-year-old white girl.
