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 sad small umbrella

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

 

How I learnt to relax about routines

After many routine-led, tough years, we've realised that being parenting isn't about being perfect. It isn't about following a schedule to a T.

Should you have a third child or not?

I thought our family had been complete with our two boys. I had no idea how much I needed my daughter until she was here.

Helping a toddler embrace an adopted sibling

A single parent by choice, I am preparing to adopt a second baby from Morocco. And I face a special challenge.

When pregnancy messes with your self-esteem

Pregnancy doesn't make all women feel beautiful. It certainly doesn't raise every woman's self-esteem.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Robbie Williams live tweets wife's labour

And the award for most patient woman in labour goes to ... Robbie Williams' wife, Ayda Field.

Vaccine ignorance is deadly and contagious

In the absence of credible, strong political leadership, paranoia about disease can go viral.

Parenting differently based on birth order

All children have unique personalities, but keeping birth order in mind could help when parenting.

How to get rid of the mum guilt

Motherhood and guilt seem to go hand in hand, but there are ways to focus

Paid parental leave scheme grinds to a halt

The future of Prime Minister Tony Abbott's paid parental leave scheme appears to be up in the air, despite the fact it is due to begin in less than nine months.

The devastation of foetal alcohol spectrum disorders

No one's sure how many Australians are affected by foetal alcohol spectrum disorders, but the consequences for those who are can be devastating.

The pros and cons of finding out the sex of your unborn baby

It’s often one of the biggest choices parents make during the course of their pregnancy; to find out, or not to find out, the sex of their baby before it’s born.

Toddler's awesome dress up month

Two-year-old Willow and her photographer mum, Gina Lee, made October "Dress Up Willow Month". She posted photos of Willow's costumes on her Instagram account, and her creative takes on popular culture are simply adorable.

Childhood around the world

It can be easy to assume our ideas around childhood are universal, but they are particular to where we live, as these practices show.

Best picks for baby and toddler shoes

Here's a great selection of footwear from pre-walker to walker ensuring comfort and style for growing feet.

I lost my wife and daughters to Ebola - then it came for my son

Sunday, September 21, is a day I will never forget.

The 'yucky' illness that took over my life

I have a chronic illness nobody likes to discuss. It involves toilet talk, and probably caused my miscarriage. But it needs to be talked about.

Prenatal testing: the facts

Prenatal testing is done to check if a baby has certain medical conditions before birth. Here is some important information about what the tests are for and the risks involved.

5 things to do with your baby?s old clothes

Did you think your only option for your baby?s old clothes was to pack them away or give them to the Salvos? Think again.

Why it's possible to not realise you're pregnant until the baby arrives

After hearing about 'surprise babies' born to mums who didn't know they were pregnant, it's common to ask "how did she not realise?" But experts say it's entirely possible for it to happen.

'My miracle is finally here'

How has the world continued on its pace when mine has been altered so drastically?

Dairy can help older women fall pregnant: study

Ice cream may be the ultimate comfort food, but a study suggests it could also help older women to have children.

Megan Gale goes topless for 'sexiest people' cover

Six months after a heavily pregnant Megan Gale posed nude for Marie Claire, the glowing new mum has gone topless for the cover of another magazine.

A new perspective on life from living with two diseases

A mother shares her personal story about the difficulty of living with two conditions, one of which stops her from being able to see her daughter's face.

Warning about Children's Panadol dosage

The Therapeutic Goods Administration has issued a safety advisory warning parents about confusion when using the dosing syringe supplied with Children's Panadol.

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

Take 'The Coles Big Nappy Change' Challenge

You could become part of our Test Drive team and win one of 200 packs of Coles Little Explorer Nappies as part of our 5-day challenge.

Win 1 of 5 Canon Powershot D30 cameras

Capture life more easily with the Canon Powershot D30. Shockproof, waterproof and dustproof, you can take it almost anywhere and shoot beautiful images, time after time. Enter now!

16 parenting truths you won't find in the baby books

I am five years into this parenting gig and I’ve learnt that sleepless nights and changing dirty nappies are child’s play.

Best and worst potty party cakes

It's nice to celebrate a child making the shift from nappies to 'big kid' undies, but do we really need a semi-realistic used toilet cake to do it? Here are some of the best and worst cakes parents have used at 'potty parties' around the world.

7 tips for a financially festive Christmas

Plan ahead - and do it now - to ensure festive season expenses don't break the bank.

'Go the F*** to Sleep' author's new book for frustrated parents

A sequel is coming soon to the 2011 hit book 'Go the F*** to Sleep' - and this time, it's about mealtimes.

Great birthday party buys from Etsy

Handmade crafts to decorate and personalise your child's next birthday - from banners to cake decorations, we've got gorgeous party finds from Etsy.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Creative storage ideas for the kids' rooms

Creative and practical storage ideas for the kids' toys and books can also add some stylish decor to your home. Visit babyology.com.au for more stylish modern finds for hip kids & parents.

Weird trend

Couple has five babies in 14 months

Julie and David Grygla weren't sure they'd ever have kids - but their dreams have now well and truly come true.

To the mum in the doctor's waiting room

Maybe the mum I saw in that waiting room, seemingly disconnected from her baby, doesn’t have the support she needs.

10 space-saving nursery ideas

Starting a family doesn't always mean moving into a bigger house - not yet, anyway.

 

What's in a name?

Baby Names

Looking for a classic name, or an unusual name? Our Baby Name Finder is for you, search or browse to refine your shortlist.

 
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.