Call for action on rape sentence

THE state government is considering appealing the “unacceptable” sentence handed to a teen rapist who violently assaulted a schoolgirl at a party in Townsville.

Responding to questions from the Bulletin, Acting Attorney-general Mick de Brenni confirmed late on Tuesday he had sought “urgent advice” about the prospects of an appeal.

Hundreds voiced their concern online and turned to representatives across the political divide after the almost 19-year-old man walked from court last week with a non-custodial sentence and no conviction after a jury found him guilty of two counts of rape.

The man, who cannot be named legally, was 17 when he made a bet that he could have sex with the 16-year-old virgin before violently raping the girl and leaving her bleeding.

For his crimes, the young man, who had no criminal history, spent a single night behind bars after his arrest.

At his sentencing, the Children’s Court of Queensland was told he anally and orally raped the girl, choked her, pulled her hair and told her to “suck it”.

Children’s Court president Judge Deborah Richards (pictured) on Thursday sentenced him to two years’ detention for the anal rape with the sentence to be served in the community through a three-month conditional release order. He was given two years’ probation for forcing the girl to perform oral sex on him.

Shadow attorney-general and former lawyer Tim Nicholls urged Attorney-general Shannon Fentiman to appeal the sentence, which he described as “totally unacceptable”.

“The community expects better … it also expects punishment for wrongdoing,” he said.

“The lack of a conviction or any jail time sends a terrible message.

“If the Attorney-general doesn’t appeal this case, what message is she sending?”

Mr de Brenni said the office of the Attorney-general was speaking with the Office of the Director of Public Prosecutions about the possibility of an appeal. “Domestic, family and sexual violence has no place in Queensland,” he said.

Federal member for Herbert Phillip Thompson and Hinchinbrook MP Nick Dametto also appealed to Ms Fentiman to step in.

Mr Thompson said his office had been “inundated” with calls and messages expressing the community’s distress about the sentence, which he described as “unbelievable”.

“I do not believe that anywhere in the country and in Townsville would agree that decision is fair and just,” he said.

“This is one of the most heinous of crimes and this poor young girl will forever live with the rape and what happened to her.”

The court was told the assault left the girl bleeding with “extensive” injuries to her anus and genitalia, while Crown Prosecutor Shannon Sutherland said the man showed “no remorse” and “believed he had done nothing wrong”.

In her own words, through a victim impact statement, the girl said the rape had an immeasurable impact on her life.

“I don’t believe in God no more because if he was real then why did he let this happen to me?” she said.

“I cry myself to sleep almost every night wishing this was a bad nightmare.”

Mr Dametto said: “What message does this send to other victims of rape?”

As she sentenced the man, Judge Richards noted that he did not accept his behaviour was rape.

“Regardless of what you think about whether she was consenting or not, at the end of the day she was physically hurt if nothing else,” she said.

During his sentence it was revealed the man was banned from drinking alcohol while on bail charged with the rapes but a court varied this condition for his 18th birthday.

Mr Dametto said the sentence “infuriated” him and that he was left “sickened” for the young woman.

“Why would a victim put themselves through the pain and anguish knowing this could be the result they receive,” he said. “I don’t believe this sentence reflects community expectations.”