i am going to vomite bloods....
Rape is ''naughty'' and ''childish experimentation''
'' consensual sex - well, it was - it was not forced sex,''
sexually penetrations by 9 men is really naughty.
''they're very naughty for doing what they're doing but it's really
- in this case, it was a form of childish experimentation,''---DPP
legal officer Steve Carter
Sentencing submissions of rape case.
December 11, 2007,
BELOW is an edit transcript of sentencing submissions in the
Aurukun gang rape case.
DISTRICT COURT
CRIMINAL JURISDICTION
JUDGE BRADLEY,
Indictment No 146 of 2007
THE QUEEN
v.
*NAMES WITHHELD*
....MR CARTER(DPP legal officer Steve Carter): Yes, they are
brief. When *name withheld* was 13, he and a group of
others took part in consensual sex - well, it was - it was not
forced sex, upon the complainant child aged between 11 and
12 during the time period stated in the indictment. She attended
the Aurukun Health Clinic with her mother complaining of a
suspected boil on her bottom and an examination was noted and
lesions were found around her private parts.
As a result of that, further inquires were made. It was - she also
had a sexually transmitted infection, in common with test results
which were later obtained from - in relation to *name withheld*. He
admitted quite readily what had happened and stated that he and
other children had engaged in this consensual sex and he was
charged.
HER HONOUR: Were any of the others charged?
MR CURTIN: I'm not sure.
MR CARTER: No, I'm not either. It was something that - I'll find
out for your Honour. No, they weren't. There were some cautions
issued but that's all, your Honour. They were all young
children.
HER HONOUR: Okay.
MR CARTER: And he was at the stage, only 13 as well. The reason a
caution wasn't issued for *name withheld* is obviously because he's
been - had contact with the Justice system prior to this
HER HONOUR: Yes.
MR CARTER: and it wasn't the appropriate vehicle. As I stated, she
- it is possible that she contacted the sexually transmitted
disease from this encounter. She(the victim) had two types
of sexually transmitted disease, one of which was from similar -
the same as that which was carried by *name withheld* but I
wouldn't put too much weight on that, your Honour, in the
circumstances, because she wasn't - he wasn't the only one she had
sex with that day. It could've come from anyone that day.
So, anyway, he admitted to everything that he did and an ex officio
request was received in May 2006.
The reason why it wasn't dealt with earlier apart from these
proceedings, the other proceedings, was because there was some
difficulty - misunderstanding in relation to the certificate of
readiness not being filed with the Court, and it's been rather
fortuitous, in any event, because it's able to be dealt with
now.
My submission in relation to this particular offence is the same
that I make in relation to children of that age, of similar or the
same age of that age, is to quote - well, they're very
naughty for doing what they're doing but it's really - in this
case, it was a form of childish experimentation, rather
than one child being prevailed upon by another, although - as I
said, although she was very young, she knew what was going on and
she had agreed to meet the children at this particular place and it
was all by arrangement, so - for that purpose.
I'd ask your Honour to take that into account and if this was
standing alone, the Crown would not be asking anymore than for some
form of supervisory order, form of probation, or some order
of that - similar order to that, your Honour.
HER HONOUR: Yes....
2.Rape is ''naughty'' and ''childish experimentation''!!
LKY is damn right.He wants 1st class honour law graduate in
government.
