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.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

RPA hospital contacting mums after discovering vaccine storage fault

Sydney's Royal Prince Alfred Hospital (RPA) is trying to contact women who had babies at the facility after discovering a fault in a refrigerator containing vaccines.

'Nutella' not a baby name, French court says

A French court has blocked parents from naming their baby girl after the hazelnut spread Nutella, arguing it would make her the target of mockery.

Why I'm never calling myself 'just a mum' again

I’ve grown three human beings. I feed them, dress them, teach them, care for them and love them 24 hours a day. Yet for eight years, when I meet new people and they’ve asked me what I do, I tell them: “I’m just a mum”.

Rosie Batty named 2015 Australian of the Year

One year ago, Rosie Batty could not have imagined she'd be where she is. Tonight the grieving mum who put domestic violence on the national agenda was named Australian of the Year.

Five reasons to hug more

Hugging – some of us thrive on it, even depend on it – and then there are those who don't care for it really. So, are they missing out?

Help - my three-year-old has started throwing tantrums

My daughter never went through the "terrible twos" but began throwing wild tantrums shortly after her third birthday.

That's commitment

First peek at Sonia Kruger's daughter Maggie

"She smells so good, I could eat her," Kruger tells co-host David Campbell.

Mum assists in own caesarean surgery

A mum who partly delivered her own twins during a caesarean has encouraged other women to take control of their birthing experience.

How to handle common childhood regressions

Regression can be a natural and common part of development prompted by a variety of factors, but that doesn't make it less frustrating.

Disgruntled dad's pram ad goes viral

When buying a second hand pram, there are lots of things to take into consideration. 

Man discovers he's a dad after finding 55-year-old letter

Discovering you are about to father a baby is startling enough - never mind finding out you have a 61-year-old son.

15 thoughts mums have during a tantrum

Ranging from mild to feral and triggered by events both minor and major, tantrums certainly keep life interesting.

Natural pain relief in the early stages of labour

While managing labour pains on your own can be daunting, there are a number of natural pain relief options to help you cope until you are admitted to hospital.

Forgotten Baby Syndrome claims the life of toddler

One baby dies every eight days in the back of a car in the US, victims of 'forgotten baby syndrome'.

For a brief time, I was touched by an angel

For a brief time, I was touched by an angel. You stole my heart, and changed me into the women I am today.

Chrissie Swan has reached her "sex quota"

Chrissie Swan says she and her partner have sex once a year due to her fear of falling pregnant.

Chinese woman gives birth to quintuplets

After six years of trying for a baby, a couple’s dreams have come true many times over after the mum gave birth to quintuplets this week.

Five-year-old shoots nine-month-old brother dead

A nine-month-old baby boy died on Monday after he was shot in the head by his five-year-old brother in their grandfather's home.

'Is that baby yours?'

She is my daughter. I gave birth to her. I nurse her. But she doesn't have any of my genes.

Episiotomy in childbirth: not just 'a little snip'

Episiotomies have a place in maternity care – and can occasionally save lives – but should not be performed routinely.

Win an Octonauts prize pack

To celebrate the launch of Octonauts Live! Operation Reef Shield, a spectacular underwater adventure live on stage, we are giving away an amazing Octonauts prize pack to one lucky fan.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Stars help save choking babies

It's an important lesson to learn, but one that busy new mums and dads might overlook until it's too late.

New Girl star Zooey Deschanel pregnant

Actress Zooey Deschanel is expecting her first child with her producer boyfriend Jacob Pechenik.

16 times 'dad reflexes' saved the day

Of course, in some cases they may be the ones who actually got their child into a precarious position in the first place, but we'll ignore that for now.

Couple's 'non-traditional' pregnancy announcement goes viral

Knowing you are not the father of your pregnant wife's baby would usually indicate a rocky relationship ahead for traditional parents.

The trials and tribulations of identical triplet newborns

Pip Donnelly is still playing spot the difference with her newborn identical triplets, Isabelle, Georgina and Frankie.

Win an Octonauts prize pack

To celebrate the launch of Octonauts Live! Operation Reef Shield, a spectacular underwater adventure live on stage, we are giving away an amazing Octonauts prize pack to one lucky fan.

Earthquake baby thriving five years on

Jenny Alexis is lucky to be alive after spending four days buried in the rubble of the 2010 Haitian earthquake, but now she's a thriving five year old.

Please don't say I'm lucky because I was adopted

On the one hand I was having a regular life with friends and sports and sleepovers and school. But I was also always wondering: Did my mother love me? What was wrong with me?

An open letter to non-parents who offer advice on child-rearing

Kitty, when you’re the parent of my child you’re welcome to wade in with an opinion – but until then, I’d prefer you to have a supportive ear and a glass of wine ready.

Couple arrested over baby gun video

A US couple faces charges after investigators say they found mobile phone videos showing the woman's 12-month-old daughter putting a handgun in her mouth.

NSW Health dumps 10-year limit on frozen embryos

A 10-year time limit on storing frozen embryos that were created with donor sperm has been dropped by the NSW government.

How my happy-go-lucky husband became a monster

Sharan Nicholson-Rogers watched her husband change from a happy-go-lucky police officer into an unpredictable man prone to violent and emotional outbursts.

Dads-to-be experience hormonal changes, too

Dads-to-be experience hormonal changes in line with their pregnant partners, a new study shows.

'They were just doing their job': mum of toddler killed in police chase gone wrong

"They were just doing their job. I feel so sorry for them. It is all just too sad."

Miscarriages to be formally recognised by NSW government

Women who miscarry will be able to obtain an optional "recognition of loss" certificate as a formal recognition of their often heartbreaking loss.

Cafe cubby house 'too noisy' for neighbours

Teenage parties, domestic disputes, or raucous late night pubs are the things that usually come to mind when you think neighbourhood noise complaints.

Dad films baby playing with snake

Most parents would not consider a snake an appropriate playmate for their baby, but a US dad who filmed his daughter playing with a python has defended himself against criticism.

Clever breastfeeding products

Check out this range of products designed to help make your breastfeeding journey more enjoyable, manageable and convenient.

 

Back to School Offer

Findababysitter.com.au

We've got you covered for this school year. Use www.findababysitter.com.au to meet local nannies now.

 
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.