Underage girls could be charged as accessory to their own rape; legal loophole

[lisa_spyder]

From 3AW site

"Posted by: Derryn Hinch | 9 February, 2011 - 5:46 PM

Derryn's Interview with Tom Anderson can be heard below

I spotted an extraordinary, almost unbelievable news report out of Sydney last night. One of those things you have to reads twice to make sure you haven’t got it wrong.

The headline said:

UNDERAGE girls could be charged as an accessory to their own rape because of a legal loophole.

Police said prosecuting men for statutory rape was difficult because they could be compelled to charge the vulnerable child victim as an accessory to the crime.

Police Minister Michael Daley made this claim in Parliament after the Opposition Community services spokeswoman, Pru Goward, demanded to know why a 25-year old man had not been charged over his relationship with a pregnant 14-year old.

The Police Minister explained that Police Minister Michael Daley there were a number of difficulties in bringing statutory rape charges against an adult male. ‘One of which is that the underage female in such a case may be liable as an accessory to the offence’.

Ms. Goward says the refusal of Police to lay charges has set progress in rape cases back years.

She is right. And speaking of years: coincidentally, in recent says, I have been looking at a case from back in 1977, which mirrors what she is saying.

A naïve 14-year-old boy was sexually abused by his 40-year-old employee for months.

Now approaching 50 that still troubled man has told his story. He was charged even though he was a victim.

Tom Anderson says:

‘I was coerced, groomed and coached by a paedophile to perform sexual acts with him. I trusted him as he was my employer and I wanted to keep my part time job.

He also told me he would give me extra money if I did things with him. As I said I was a sexually very naive young teenager at the time.

When I finally worked up the courage to tell my parents about what had been happening, my parents took me down to the Police Station to make a statement.

The outcome of it all was that the predator was charged and pleaded guilty.

Then, the young victim was charged. Went to Children’s Court pleaded guilty to something he didn’t understand and was discharged without a conviction.

That legal humiliation still burns."

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God I hope times have changed - what this man, then boy went through...and is obviously still suffering because of it.

[lisa_spyder]

I should have warned you all...

The audio interview is NOT easy listening. It is rather explicit and the man is obviously very distressed .