Judgemental Idiocy
Let's imagine a classic case of social injustice where the well-connected walk away from the harm they do to someone less socially advantaged. And then there's the added situation where a society feels guilt over its past treatment of its indigenous population. Let's go somewhat further and discuss a group of men violating a girl. Compound that by adding their ages, their numbers, their criminal victimization of the girl, and you have a flagrantly vicious crime perpetrated against a ten-year-old child.Held to little account by the civil authority and the judicial system of a country. How far fetched can one get? This is surely a figment of someone's nasty imagination.
The frightful, odious description is gang rape. Violating a child in this dreadful manner goes beyond description, far beyond understanding. It violates the very essence of humanity. It leaves sane people gasping for comprehension. Yet no one can claim the perpetrators were not sane. Does this express some kind of inhumane culture of nihilistic psychopathy? Well, be careful there; the rapists were Australian aboriginals, as was the victim.
The little girl, already previously abused, taken into the temporary protective custody of child welfare agencies, had been returned to her home. Her family was considered to be of low status, while those who raped her came from powerful and prominent aboriginal families in Cape York. There were six juveniles from age 14 to 16, led on by three men, aged 17 to 26. For their truly horrible shared crime they were given probation and suspended 6-month sentences, respectively.
Special consideration on the basis of low societal expectations, or a confused and conflated idea of cultural relativism? Either way, an intolerable blow to justice and an insult to the civil humanity of aboriginals in general. Who should be held to the same standard of human decency and respect for the law as any other people from any other background. Compassion and care for the young and vulnerable has no cultural boundaries.
Exploitation and brutality, taking away a child's trust and emotional well-being, their physical health and their hopes for a normal future is beyond mere application of the law in any event. It places such perpetrators beyond the pale of ordinary human understanding, makes of them social pariahs in any culture. It's doubtful that redemption for such a crime against humanity, against a child can ever be granted.
Yet the presiding judge, Justice Sarah Bradley, a district court judge based in northern Queensland stated it was her feeling that the victim had "probably agreed" to what was meted out to her. An impression and argument in favour of a light sentencing not shared by Boni Robertson, an aboriginal academic, professor of indigenous policy at Griffith University, who called for the dismissal of Justice Bradley.
"To think that a judge, a woman at that, would give such a lenient sentence, and didn't even record a conviction on some of them is absolutely appalling. I think the sentence breaches every single moral, social, political and cultural code that you could even think of. There is no way that any culture could be used to claim that it's OK for nine men to sexually interfere with a 10-year-old child."
Australia has much to ponder now, with this little gem of jurisprudence and justice. Its reputation has been well and truly besmirched, a realization that should appall and distress the population at large, and that should lead to a public outcry for justice for this child.
Which, unfortunately, will not restore her to any semblance of normalcy for her sad future.
Labels: Justice, Traditions, World News
posted by Pieface @ Tuesday, December 11, 2007
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