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Sisters say 14 years jail too good for dadNATASHA GRANATH Two girls whose sister hanged herself after she reported their father for molesting them over many years said a 14-year jail term was nothing for a man who did not deserve to live. The father, who cannot be named because it would identify victims of sexual abuse, was sentenced in the District Court yesterday to 45 years jail, to be served concurrently over 14 years. He will be eligible for parole after 12. The man pleaded guilty to 14 charges of sexual penetration without consent and indecent dealings with two children and one count of breaching bail. He had evaded police for a year when charges were laid but was arrested in May. Judge Allan Fenbury said in sentencing that the man's offences had been "appalling and unspeakable" and he had ruined the childhoods of two young girls and caused incalculable damage that led a third to commit suicide. "Your actions show the extreme damage that can be done to young people and the damaging things they do to escape the pain of abuse," he told him. The only mitigating circumstances were the man's guilty plea, which had spared the girls giving evidence in court. Prosecutor Carmel Barbagallo said he had shown no remorse and continued to blame his daughters for reporting him. She asked he be jailed for 30 years, for release at 70. The victims plan to appeal for a longer sentence. Outside court, they said they were "disgusted" at the sentence, fearing their aggressor would be out in only seven years if he appealed and would return to torment them. "I think he should never be allowed to walk the earth again," one said. Their mother said she had tried many times to get the girls from her former de facto when he held them after an access visit but she was met with violence. She said her oldest daughter had told her of the abuse when she was only four and she had reported it to welfare workers in the Wheatbelt town. "When she first disclosed to me I told welfare straight away but without the girls disclosing to them, they couldn't do anything," she said. "They investigated but nothing happened. The girls were living under duress." The three girls later moved to the protection of an Aboriginal mission and in 2001 the oldest finally reported the abuse to police, at age 13. However, the father threatened on the phone to kill her. Her mother last saw her on the girl's 13th birthday. # |
Molester avoids jail for attack on schoolgirlVictim advocates are outraged by a nine-month suspended sentence given to a convicted child molester who sexually assaulted a 13-year-old girl as she walked to school. Simon Delmege Cairns, 26, pleaded guilty to two counts of indecent assault and one count of sexual penetration in the District Court. He admitted he overpowered the girl as she was walking along a lane-way, known locally as "the black path", to Rossmoyne Senior High School on December 2, 2003. Cairns had propositioned four other students, two boys and two girls, before attacking the 13-year-old girl. Advocates for Victims of Child Abuse spokeswoman Michelle Stubbs said she believed there was a lack of recognition of the impact of child sex crimes on victims. "These type of offences can cause victims considerable angst for years and years," Ms Stubbs said. "I think it shows a gross lack of understanding on the part of the judiciary." News of the Cairns' sentence came on Friday, the same day that pregnant 35-year-old Perth mother of four Donna Lynden was jailed for six months for claiming Centrelink benefits for 16 months after winning $800,000 in Lotto. Ms Stubbs said the difference between sentences for Cairns and Lynden reignited the debate over how the legal system considered crimes against property versus crimes against people. "When you're a victim of crime and you have been offended against in this manner, seeing someone get a much lengthier sentence because they have committed a fraud is really rather disgusting," she said. A detective involved in the case said he was disgusted with the result, and that he felt frustrated and sorry for the victim and her family. In giving Cairns a nine-month suspended sentence and an intensive supervision order, Judge Bill Groves said he considered that he had been in custody since his bail was revoked in June. Judge Groves said the time in jail, including in isolation and protective custody, had not been easy. ‘I think it shows a gross lack of understanding on the part of the judiciary.’ MICHELLE STUBBS "Hopefully this experience that you have had, as bad as it perhaps has been, will more than anything else ; and perhaps more than what I can do, bring home to you that offending in any way which may bring a jail sentence is not what you want or where you want to be for the future," he said. Judge Groves also took into consideration Cairns' guilty plea, which spared the victim the ordeal of testifying. "Just as your plea of guilty to these charges reflects remorse, so does your participation voluntarily towards your rehabilitation speak positively also of you," he said. The West Australian understands the Director of Public Prosecutions is considering whether to appeal against Cairns' sentence. |
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