Letters to the Editor
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not just the judge, but he prosecution at fault as well
Perhaps the most damning aspect of this case is not so much that it is a case of a misinformed and quite bizzare judge, but rather the prosecution didn't try and make a real case.
Australian law does no recognise that a person UNDER THE AGE OF 12 can legally give consent. Thus, even if the 10 year old gave some sort of verbal consent, it is legally impossible in Australia for her to have actually consented. Why didn't the prosecution raise this? Why didn't they appeal the case? Why, when this happened in 2006, is it only now coming to light in the Australian media (at the tail end of 2007)?
Some media outlets are painting this as a picture of a rogue judge making a serious error of judgement. It is much more than that. It is a state prosecutor who couldn't have given a rat's ass. It is a society where Aboriginal children are victims of child abuse (sexual and violent) at staggering rates. It is a state government with no interest in following things up until they have to because of a media firestorm.
The judge's ruling sickens me, but the complicentcy of the prosecution sickens me more. This girl was failed at multiple levels of the justice system, even to the extent that they may not be able to retry the youths since the state was so late in acting (there is a 2 year statue of limitations of sorts I believe).