|
Rapist's culture defence rejected
A CONVICTED Pakistan-born gang rapist who thought he had a right to rape two teenage girls because they were "promiscuous" would have known his cultural beliefs did not excuse his actions, a New South Wales court has ruled.In the NSW Supreme Court today, MSK, 27, and his brother MAK, 26, had their jail terms increased for the 2002 rapes of a girl, then aged 14, and a 13-year-old girl who can be identified only as TW and CH respectively. The two men and their younger brothers MMK, 19, and MRK, 21 none of whom can be identified for legal reasons are currently serving between 10 and 22 years for raping the girls at knifepoint. Appeals against their sentences heard last year failed. TW, who gestured angrily at the two men in court today, was raped by both MSK and MAK in a bedroom of their Ashfield home during an evening of drinking in June 2002. CH was also raped by MSK after having consensual sex with MMK, the youngest, at the home the following month. MSK submitted he did not believe his actions were wrong because the girls were "promiscuous", something considered unacceptable in his strict Muslim upbringing. But Justice Peter Hidden today rejected the argument that culture played a part in the attacks, saying MSK had visited Australia nine times, and had once lived here for 10 months. "He was no stranger to this country," Justice Hidden said. "He must have had sufficient exposure to the Australian way of life to be aware that the place occupied by women in the traditional culture of his area of origin is far removed from our social norms." He also dismissed MSK's claims "satanic" voices told him to rape the girls, describing him as a man "who is prepared to manipulate the system in any way he can to avoid facing the consequences of his crimes". MSK will now serve 28 years with a non-parole period of 22 years for the four rapes. He will be first eligible for parole in August 2024. MAK has now been jailed for at least 14 years, with a maximum 19 years, and will be eligible for parole in July 2016. Justice Hidden also considered an indecent assault on another 16-year-old girl, TA, in January 2002, when sentencing MAK. MMK was sentenced to 12 months for having consensual sex with CH, as well as on charges of common and indecent assault of a 14-year-old girl in November 2001. Because the sentence will be served concurrently with his present term, MMK will not spend any extra time in prison. He will be eligible for parole in 2015. TW stood as the men were led from the dock, making a rude gesture. "I've been waiting four years to do that," she said. "I'm sorry," MSK said. "F**k you, go to hell mate," she replied. Outside court TW, now 18, said she was disappointed by the outcome. "This is something that I have to live with for the rest of my life; it's worse than getting a jail sentence," she said. "This wasn't about culture, this was about abuse against women." Posted by: Oztralian 2006-04-05 |
| http://www.rantburg.com/poparticle.php?ID=147495 |