Jump to content

Poor, poor alleged perpetrator of sexual assult.


  • Please log in to reply
12 replies to this topic

#1 JingleJangle

Posted 10 December 2012 - 12:25 AM

http://news.ninemsn.com.au/national/2012/1...-on-rape-charge

So, when asked to respond to RAPE charges against one of their 16 year old students, they say some people make mistakes when faced with adapting to different cultures?!

I think he has forgotten who the (alleged) victim is, here.

#2 BlondieUK

Posted 10 December 2012 - 12:38 AM

QUOTE (JingleJangle @ 09/12/2012, 11:25 PM) <{POST_SNAPBACK}>
http://news.ninemsn.com.au/national/2012/1...-on-rape-charge

So, when asked to respond to RAPE charges against one of their 16 year old students, they say some people make mistakes when faced with adapting to different cultures?!

I think he has forgotten who the (alleged) victim is, here.


I personally don't think there is enough substantive reporting in that article to come to any conclusions about anything.

#3 Acidulous Osprey

Posted 10 December 2012 - 12:45 AM

Surely if he were charged with rape, there's no way he would be sent back to Australia?

Weird article.

#4 JingleJangle

Posted 10 December 2012 - 12:53 AM

Perhaps I responded to the article too emotionally, without considering other points of view.  

However, I believe that the response of the school, to one of their students being charged with rape, is unacceptable.

#5 lynneyours

Posted 10 December 2012 - 11:37 AM

I don't think we can comment on that without a few more facts.

Perhaps he was a 16yr old and had a consensual sexual experience with a 15yr old girl or a boy under 18.  Either of those circumstances could result in a rape charge AFAIK.

Not excusing his behaviour, just saying - maybe that is why he was sent home, instead of staying to face trial.  

His school on the other hand, sound like they have an ingrained problem, and perhaps need to choose their international ambassadors a little more carefully.  

As for the schools comment -  "Part of the challenge of living and operating in a different culture is that they [the students] have to learn to adapt. Some do it better than others. Some will make mistakes. End of story."   sick.gif blink.gif  
I hope they were not talking about an alleged rape! Since it is illegal to rape in both Australia and the UK, that was not a "failure to adapt".  



#6 BetteBoop

Posted 10 December 2012 - 12:36 PM

Using cultural ignorance as an excuse for rape isn't new. It's a pathetic defence, but luckily good excuses aren't necessary because most people think women just make up rape claims.

QUOTE (lynnemine @ 10/12/2012, 11:37 AM) <{POST_SNAPBACK}>
Perhaps he was a 16yr old and had a consensual sexual experience with a 15yr old girl or a boy under 18.  Either of those circumstances could result in a rape charge AFAIK.


Not in Australia. Statutory rape is a charge that is seldom brought about againt anyone. Plus, there are provisions for consenting relationships between underage partners. They're called Romeo and Juliette laws.

How predictable that without knowing anything about this story, someone trots out that myth with the suggestion it could have been a consentual relationship.

When we read about murder charges why don't we automatically think "oh it could have been suicide".

I'm not familiar with the Scottish legal system but I doubt they prosecute consenting sex partners there either.

#7 Guest_Sunnycat_*

Posted 10 December 2012 - 12:50 PM

There was a case in the last couple of years, possibly in Victoria, where an overseas student had been here for about a week and raped and sexually molested a whole heap of girls one as yang as 12.

He only ended up getting about 7 years as the judge considered "cultural shock" to be a mitigating factor in the sense that he wasn't used to interacting with women nor was he used to how they dressed.

It was pretty pathetic as far as sentencing remarks go.

#8 caitiri

Posted 11 December 2012 - 06:33 AM

.
QUOTE (BetteBoop @ 10/12/2012, 01:36 PM) <{POST_SNAPBACK}>
Using cultural ignorance as an excuse for rape isn't new. It's a pathetic defence, but luckily good excuses aren't necessary because most people think women just make up rape claims.



Not in Australia. Statutory rape is a charge that is seldom brought about againt anyone. Plus, there are provisions for consenting relationships between underage partners. They're called Romeo and Juliette laws.

How predictable that without knowing anything about this story, someone trots out that myth with the suggestion it could have been a consentual relationship.

When we read about murder charges why don't we automatically think "oh it could have been suicide".

I'm not familiar with the Scottish legal system but I doubt they prosecute consenting sex partners there either.


I believe that a 16yo having sex with anyone under 16 is a prosecutable offense in Scotland.



#9 Cath42

Posted 11 December 2012 - 06:51 AM

He has been charged, but has been allowed to come back to Australia prior to the next stage of the process, when he will have to face Court. This is not unusual, given his age and given that his parents will have paid a substantial surety which will not be refunded if he doesn't present himself in Scotland when he's required to. The allegation is that he had sex with a local schoolgirl without her consent.

I think that in this instance, the school's hands are tied. This boy will have to progress through the Scottish legal system and he is innocent until proven guilty. However, the school cannot get away from the fact that to have so many boys sent home from international sojourns in disgrace is endemic of an ingrained culture of entitlement and disrespect of rules. The headmaster can gloss over things if he wants to, but I think people will draw their own conclusions.

#10 lynneyours

Posted 11 December 2012 - 09:10 AM

QUOTE (BetteBoop @ 10/12/2012, 01:36 PM) <{POST_SNAPBACK}>
Using cultural ignorance as an excuse for rape isn't new. It's a pathetic defence, but luckily good excuses aren't necessary because most people think women just make up rape claims.

Not in Australia. Statutory rape is a charge that is seldom brought about againt anyone. Plus, there are provisions for consenting relationships between underage partners. They're called Romeo and Juliette laws.

How predictable that without knowing anything about this story, someone trots out that myth with the suggestion it could have been a consentual relationship.


When we read about murder charges why don't we automatically think "oh it could have been suicide".

I'm not familiar with the Scottish legal system but I doubt they prosecute consenting sex partners there either.


That was me - and I didn't "trot out a myth", merely pointed out that we didn't have any facts at all, and that it COULD have been a reason why he was sent home.  Also pointing out that it could have been a homosexual consentual encounter too.   However Cath42 has provided a few more facts, and it was not either of these circumstances.
How sad that a young man of 16 is already a predator.  sad.gif

Having lived the majority of my adult life in the UK, I am aware that people can and have been charged for statutory rape.  I am more unfamiliar with Australian case history on this.




#11 BetteBoop

Posted 11 December 2012 - 09:32 AM

QUOTE (caitiri @ 11/12/2012, 06:33 AM) <{POST_SNAPBACK}>
.

I believe that a 16yo having sex with anyone under 16 is a prosecutable offense in Scotland.


So two 16 yos having consentual sex would go both to prison?

I just read the Sexual Offences (Scotland) Act 2009. It's lawful for consenting underage kids to have sex, as it is in Australia.

In Scotland, rape is clearly defined as "unwanted sexual penetration of a vagina or anus by a penis".

QUOTE (lynnemine @ 11/12/2012, 09:10 AM) <{POST_SNAPBACK}>
That was me - and I didn't "trot out a myth", merely pointed out that we didn't have any facts at all, and that it COULD have been a reason why he was sent home.  Also pointing out that it could have been a homosexual consentual encounter too.


Without knowing any of the facts, it's interesting your first assumption was that it could have been consentual. You could have assumed the offender was dark skinned or the victim had a mental illness. It was the same kind of unnecessary speculation.

Many things could have been factors but if he's been charged with rape under Scottish law, it's because the police think he forced a girl to have sex. That's hard to misconstrue as consentual.

#12 caitiri

Posted 11 December 2012 - 12:05 PM

Edited because once I thought about it is really was irrelevant to the discussion

Edited by caitiri, 11 December 2012 - 12:23 PM.


#13 BetteBoop

Posted 11 December 2012 - 12:13 PM

QUOTE (caitiri @ 11/12/2012, 12:05 PM) <{POST_SNAPBACK}>
This is what the Scottish sexual health site says

I thought that this was slightly different then in Australia.  Regardless its irrelevant because they were both 16 which wasn't in the the article the OP linked to.


16 is the age of consent in Scotland for boys and girls.

So, a 16 yo boy or girl who has sex with a child who is under 13 could be at risk of being prosecuted under a lesser charge of Sex with An Older Child.

The law is essentially the same in Australia. A child who is 12 or younger is too young to be having sex so if their partner is above the age of consent, then abuse is more likely to be assumed.

Still, it won't be prosecuted unless the younger child makes a complaint to police.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users

 

11 things that will happen when you're breastfeeding

After having three children and various degrees of success feeding them all, there's one thing I can tell you: virtually nothing will go as planned.

Surgery for baby born with a tail

A baby born with a tail has had it removed after doctors feared the birth defect might cause long term damage to his lower body.

When 'skin to skin' becomes a family affair

An adorable photo of a little boy and his dad enjoying skin to skin contact with newborn twins is melting hearts everywhere.

35 hilariously weird 'top tips'

Who would have thunk it? We never knew there were so many uses for feminine hygiene products. 

Pregnancy skin woes: acne, dry skin, itchy skin

Here are some of the most common skin complaints in pregnancy and how to tackle them, face on.

Watch this fun dance class for babywearing dads

Is there anything sexier than a babywearing dad?

Parents, this is how to cut grapes to avoid choking

One mum has learnt a harrowing lesson about the best way to cut grapes to make it safe for toddlers and little kids to eat.

When your kids have totally different temperaments

Sometimes it has felt like whiplash parenting. She perches watchfully while I vacuum; he tries to climb on and go for a ride.

How do our stress levels influence our baby?

Since having my second baby a number of people have commented on how placid, content and settled he is and, similarly, many have commented on how this is a reflection of how I am with him.

Separation anxiety isn't just for kids

Despite its prevalence, most doctors tend to be reluctant to diagnose adult patients with separation anxiety.

A charm bracelet, a boy, and my beliefs questioned

I was staring at the face of my son, realising that my once steadfast decision to be open minded was quickly unravelling at the seams.

Why I'm so grateful for Hayden Panettiere's PND honesty

There are baby steps and giant leaps forward. But there are steps backwards, too. And, oh, how they can hurt your heart.

The heartbreaking story of little Moko

The mother of 3-year-old Moko Rangitoheriri said she should have picked up on the signs. {Warning: distressing content}

Kate Beckinsale and teen daughter recreate birth photo

Kate Beckinsale has recreated her daughter Lily's birth photo, 17 years after she was born.

The adult-size stroller you'll want to test drive

It's one of the biggest baby related purchases they will make, so it makes sense that parents-to-be get a chance to road test a stroller.

Pregnancy announcement shows the reality of IVF

It's a long way from baby booties or bump shots people have become accustomed to in social media pregnancy announcements.  

Soleil Moon Frye welcomes fourth baby

"Punky Brewster" is a mom again, for the fourth time. Soleil Moon Frye announced the birth of her baby boy, Story, on Instagram Wednesday.

Mum breastfeeds baby found abandoned on the street

A woman has been praised as a "beautiful mother" after breastfeeding a baby which had been abandoned at the side of a street. 

A birth with a difference: the 'natural caesarean'

We've shared stories of gentle caesareans before, but a new video shows a new option called a 'natural caesarean'.

Baby name inspiration by music genre

If you're all about the music, then you'll need a musical name for that baby. We've got all the lists for you by music genre.

Giving effective instructions to toddlers

One of the most common errors made by parents is in how they give instructions to their children.

 
Advertisement
 

Top 5 Articles

Advertisement
 
 
 

What's hot on EB

The babies who are one in 70 million

Bethani Webb was excited to find out she was pregnant, but the first time mum did not realise she was carrying four babies not one.

Cafe offers breastfeeding mums a free cup of tea

A Sydney cafe is offering breastfeeding mums free cups of tea in a bid to show support for the right of women to nurse their babies wherever they choose.

To snip or not to snip? When the decision is not clear cut

Jamie Oliver, who considered a vasectomy, is to be a father again. A fellow dad reflects on his own decision 11 years ago

Doctors stunned by rare twins born almost six weeks apart

To everyone's surprise, Kristen Miller "kept doing better each day", keeping her second baby safe.

Baby book ideas for modern parents

Before my son was born I was given a lovely baby book full of blank pages waiting to be filled with weights and heights and first words.

The adorable smile of a baby seeing his mum clearly for the first time

There is no doubt seeing their child smile for the first time is an unforgettable moment for parents everywhere.

Mum tells how toddler 'nearly hung himself' in cot mishap

When Alison Johnson put her 18-month-old Caleb down for a nap, she had no reason to believe her son was in any danger.

Babies are still switched at birth? Yes, it can happen

All my panic and tears aside, my biggest question looking back is about the kind of security measures used in the maternity ward.

Doctors slammed for taking selfie with newborn

Everyone who visits a mum in hospital in the days following childbirth wants to get a photo with the new baby.

ergoPouch Twosie Sleepsuit for winter breastfeeding

Finally, there's a way to keep warm while breastfeeding through winter.

Health check: How long does sex 'normally' last?

What to do with this information? My advice would be to try not to think about it during the throes of passion.

When breastfeeding sucks: fixing common problems

From niplash to tight boobs, biting to milk supply issues, Pinky McKay looks at common breastfeeding issues and how to solve them.

10 things I've learnt in my first six months with twins

Six months on we're all still alive, and the more we get to know each other the easier the days become.

Mum's loving kiss leaves baby fighting for life

Kirsty Carrington thought nothing of giving her newborn son a kiss, little did she know it would leave the baby fighting for life.

When doing chores is your new 'me time'

After children, 'me time' looks a little different.

Get going: 14 travel strollers for families on the move

A stroller can make or break travelling with a baby or toddler. Here are 15 great single travel stroller options.

10 ways toddlers are terrific

It always pays to remind yourself of how terrific toddlers can be - they're little like this for such a short time

 

Vintage Toys

The toys of your childhood

Take a trip down memory lane with these vinage and retro toys that you may have had in your childhood or your parent's childhood.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.