The case demonstrates the difficult balancing act between retribution and rehabilitation in Victoria's criminal justice system. The Office of Public Prosecutions is considering an appeal of the sentence passed down in the County Court on November 11.
The victim's grandmother, who can not be named for legal reasons, says the plight of her psychologically damaged grandchild was given scant regard during court proceedings. She says the woman responsible for harming her granddaughter was portrayed as a victim while her depraved behaviour was dismissed as an "aberration".
"There will be no justice for my granddaughter within the legal system. She was barely mentioned and little regard for her present and future suffering was given any thoughtful weighting in the sentencing," the grandmother told The Age.
"The hearing was hijacked by the defence's army of lawyers. I felt powerless and sickened in the face of the money, power and prestige," she said.
On October 18, 2017 the child was airlifted from a regional Victorian town to the Royal Children's Hospital, suffering lacerations to her liver and pancreas. She was covered in bruises and there were also extensive injuries to the child's genital area.
The organ damage, particularly to her liver, was potentially life-threatening and similar to the high-velocity injuries acquired in a car accident, according to forensic paediatric specialist Dr John Gall. After several days in the paediatric intensive care unit, the girl spent almost three weeks in hospital, but continues to suffer from an acute post traumatic stress disorder as a result of the brutal assault. Now aged seven, she requires daily medication and weekly counselling sessions to curb violent outbursts and destructive behaviour.
When police interviewed the then 21-year-old woman who was caring for the child at the time, she claimed her step-daughter had fallen from play equipment.
It was only when police installed listening devices at her partner's home that the Aboriginal woman unwittingly admitted to almost killing the young girl with a flurry of kicks and punches. She was unable to explain why she had sexually assaulted the child.
“I don’t know why I f---ing did it. I don’t know why I half-killed her in the bedroom. I don’t know why I f---ing did it. If my Mum was here, I’d be fine,” she said to her partner.
At the time of the attack on her step-child, the woman was unaware she was pregnant. When she gave birth to the boy, she had already been charged and placed on strict bail conditions that required the immediate removal of the baby from its mother by the Department of Human Services. She was not permitted to breast-feed the child.
It was not the first time the 23-year-old woman had encountered trauma, loss or dysfunction. She spent her first 12 years in a remote community in Western Australia that was "marred by violence, sexual violence, poverty and to some extent, depravity," according to her barrister. Mr Hill told the court that her father was stabbed to death by his girlfriend, while her older brother drowned in a river before she was born.
She was also the target of predatory sexual behaviour by older men in the community, according to Mr Hill, who argued his client's moral culpability was reduced because of her tragic childhood.
Ms Myers told the court that she first met the offender when the woman was a child living in Western Australia.
"This bright little girl came bouncing over to me and said, 'You're Maria Myers' and I said 'yes'. Then she said, 'one day I'm coming to school with you,' and one day she did," Ms Myers said.
Since 2002, the couple has funded the education of more than 50 Indigenous children, who attended Catholic schools in regional Victoria.
Ms Myers, who was made a Companion of the Order of Australia in 2016 for her community work, said the young woman successfully completed her VCE year, but her life went awry when she relocated to a town on Victoria's south coast. She encountered shocking racism and soon became isolated.
On one occasion she attended a pub where patrons chanted 'black bitch, black bitch,' Ms Myers told the court. She said the woman lacked the maturity to care for her partner's two children.
County Court Judge Duncan Allen.Credit:Rodger Cummins
During sentencing, Judge Allen said the attack on the helpless child represented a grave breach of trust, which had devastating consequences upon the victim and her extended family. But he found that the woman's prospects for rehabilitation would be significantly damaged by a long custodial sentence.
"I find given your background, your history and what you’ve done since the offending, there is virtually no prospect of you ever reoffending in this way or any similar way.”
“Once that is behind you, your future is bright. You have an exceptional level of support in the community ... the level of commitment to you is unsurpassed.”
Judge Allen said he was forced to place the woman on a sex offenders register for 15 years, before criticising politicians who "decided judges like me should have no discretion".
“I think I know a bit more about the realities of the world, the tragedies, the hardships ... for some reason politicians think they know more about these things than judges,” Judge Allen said.
The grandmother of the victim believes she's also qualified to talk about tragedy and hardship. After recently turning 60, she has been left to care for a broken child, while setting aside her own rage and grief.
"I try every day not to bring these emotions into my home," she said. "It's important that our home is full of light and positivity. However, I'm concerned how I will explain this outcome to my granddaughter when she is older. How will I be able to justify to her that her life is worth so little in the eyes of the law?"
Senior Crime Reporter
Tammy Mills is a Crime Reporter for The Age.
Most Viewed in National
Loading
Bagikan Berita Ini
0 Response to "Stepmother may serve just one year in jail for horrific sexual assault - The Age"
Post a Comment