The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
The Forum - On Line Opinion's article discussion area



Syndicate
RSS/XML


RSS 2.0

Main Articles General

Sign In      Register

The Forum > Article Comments > Cultural rites - human rights: drawing the line > Comments

Cultural rites - human rights: drawing the line : Comments

By Stephen Hagan, published 6/10/2005

Stephen Hagan argues that Indigenous custom must not be used to protect violent sex offenders.

  1. Pages:
  2. Page 1
  3. 2
  4. All
The old adage " the Law is an Ass" no matter which culture's Laws are being applied.
Posted by Pachelbel, Friday, 7 October 2005 2:24:02 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Dear Stephen

Thank you for your mind boggling article.

What a bloody tragedy. Yes the elder and the justice should both be p*offed. Both are damaging examples of power play. Both are disgraceful to the Aussie human race. Both should be deplored and condemned.

My Aboriginal friends have told me about this stuff, but too see it in writing was another thing for me. I feel physically sick.

As an adult female I have been the victim of stranger bashing and rape by two men. That hardly leaves an impression when I think about a 14 years old young girl being anally raped. My God!

Thank you again Stephen
Regards
Kay
Posted by kalweb, Saturday, 8 October 2005 8:29:46 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Stephen and Kay,

Like yourselves, I'm totally over the whole 'traditional rights' chant coming from Aboriginal men who rape Aboriginal children.

Rape is Rape - but it seems that when judges in the Supreme Court in the NT want to appear to be anthropologically sensitive and knowledgeable, injustice prevails and discrimination of a much more invidious nature is perpetrated again 14 year old rape victims.

Law and customs can and do change over time and adapt to new circumstances and environments - without losing their core values and jurisdiction.

I think its time the Supreme Court in NT needs to urgently review how cases of rape against Aboriginal girls are heard.

Question:

Do Aboriginal women in these communities support these cultural rights argument in rape cases simply because this is what happened to them?

Yes/NO?

I donít know for sure but if this rape is symptomatic of a deeper cycle of the disempowerment of women to determine what is or is not cultural appropriate - then this needs to be urgently addressed in how evidence and expert opinion is given in court proceedings.

And the defense lawyers (men?) who were counsel for the man in question should be run out of town.

Read the sentencing remarks of Chief Justice Brian Martin here (if you can stomach them.)
http://www.nt.gov.au/ntsc/doc/sentencing_remarks/2005/08/gj_20050811.htm
Posted by Rainier, Saturday, 8 October 2005 11:24:38 PM
Find out more about this user Visit this user's webpage Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
We need to be just as tough on the people who send their daughters overseas to be married or have their genitals mutilated for so-called cultural reasons. Abuse is abuse.

t.u.s.
Posted by the usual suspect, Tuesday, 11 October 2005 5:07:34 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Good post Rainier

Agree. Aboriginal people can change laws and customs compensurate with contemporary life, and that does not mean that they have to lose their core values and jurisdiction.

Apart from the fact that rape is a violent act and a crime - in the case of Aboriginal [and all other] children, it is child abuse. The elder committed rape and should be sentenced to lengthy imprisonment, and the justice should be charged for not complying with mandatory reporting laws. As a mandatory reporter, if I did not report my suspicions or evidence to DoCs, I could be fined $25,000, and the organisation fined $50,000.

I cannot imagine Aboriginal women condoning such custom - especially remote area women my be powerless?

Cheers
Kay
Posted by kalweb, Tuesday, 11 October 2005 5:28:46 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Our laws are not perfect but they have evolved over hundreds of years to the state they are now and if applied properly, are there to protect society from harm.
This is one country with a small population, there must be one law for all or there will chaos.
Aboriginal women and children are in need of protection, they must be given that protection and if that involves the dismissal of ANY cultural traditions, so be it.
The same laws must also apply to people migrating here from other cultures. If you live in australia you live by Australian laws.
Posted by mickijo, Thursday, 13 October 2005 12:52:25 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
  1. Pages:
  2. Page 1
  3. 2
  4. All

About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy