Gumleaf
September 11th, 2009, 08:10 AM
12:53 AEST Fri Sep 11 2009
http://news.ninemsn.com.au/article.aspx?id=861189
A 14-year-old girl who gave birth to a baby boy after sleeping with her traditional husband was "deprived of a childhood", a Northern Territory judge has said.
The girl was only 12 when she met her partner, who was 16, in June 2006 at a sports weekend at a remote central Australian community.
The couple became "girlfriend and boyfriend" before deciding to live together at a remote outstation.
Defence lawyer Ted Sinoch said the couple had fallen in love and had consummated their relationship, which was supported by their extended families.
In the NT Supreme Court in Alice Springs, Justice Stephen Southwood conceded the pair had been "married in the traditional Aboriginal way".
But when the teenager gave birth to a son in August last year she was only 14.
"Young girls in Aboriginal communities are entitled to their childhood and young men must not have sex with young girls until they have reached the age of consent," he said.
"The law recognises that 14 years of age is too young for girls to be making decisions about sexual intercourse."
The judge said such relationships could have "significant consequences".
"As in this case, it may result in a young girl becoming a mother at a very young age," he said.
"This, in turn, has an effect on the child's future education and her own future development.
"A young girl is effectively deprived of the balance of her childhood."
But Justice Southwood said the case was difficult because her partner, now 20, was a young man with no prior criminal record.
He had also completed some school and was working regularly under CDEP, otherwise known as Aboriginal work-for-the-dole.
"The case is a difficult case," he said.
"The law is, and it is the duty of the court, to protect young girls and discourage young men from having sexual contact with young girls by imposing appropriate penalties."
Last week, sentencing the man to two years and three months in prison, suspended immediately, Justice Southwood said young Aboriginal men needed to learn that the wider community disapproved of such relationships.
The husband, who pleaded guilty to a charge of having sexual intercourse with a child, had been in custody since June 21 this year.
He cannot be named to protect the identity of his partner.
© AAP 2009
http://news.ninemsn.com.au/article.aspx?id=861189
A 14-year-old girl who gave birth to a baby boy after sleeping with her traditional husband was "deprived of a childhood", a Northern Territory judge has said.
The girl was only 12 when she met her partner, who was 16, in June 2006 at a sports weekend at a remote central Australian community.
The couple became "girlfriend and boyfriend" before deciding to live together at a remote outstation.
Defence lawyer Ted Sinoch said the couple had fallen in love and had consummated their relationship, which was supported by their extended families.
In the NT Supreme Court in Alice Springs, Justice Stephen Southwood conceded the pair had been "married in the traditional Aboriginal way".
But when the teenager gave birth to a son in August last year she was only 14.
"Young girls in Aboriginal communities are entitled to their childhood and young men must not have sex with young girls until they have reached the age of consent," he said.
"The law recognises that 14 years of age is too young for girls to be making decisions about sexual intercourse."
The judge said such relationships could have "significant consequences".
"As in this case, it may result in a young girl becoming a mother at a very young age," he said.
"This, in turn, has an effect on the child's future education and her own future development.
"A young girl is effectively deprived of the balance of her childhood."
But Justice Southwood said the case was difficult because her partner, now 20, was a young man with no prior criminal record.
He had also completed some school and was working regularly under CDEP, otherwise known as Aboriginal work-for-the-dole.
"The case is a difficult case," he said.
"The law is, and it is the duty of the court, to protect young girls and discourage young men from having sexual contact with young girls by imposing appropriate penalties."
Last week, sentencing the man to two years and three months in prison, suspended immediately, Justice Southwood said young Aboriginal men needed to learn that the wider community disapproved of such relationships.
The husband, who pleaded guilty to a charge of having sexual intercourse with a child, had been in custody since June 21 this year.
He cannot be named to protect the identity of his partner.
© AAP 2009