VoyForums

VoyUser Login optional ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 12345678[9] ]
Subject: PNG student on child rape charge


Author:
Enga Student Ya..
[ Next Thread | Previous Thread | Next Message | Previous Message ]
Date Posted: Wed, Sep 20 2006, 01:18:10pm

This is one disgusting article, which is definitely bringing a lot of shame to the Engan community. People like this culprit should be kept there till he dies.

Belhat!!!

PNG student on child rape charge

A PAPUA New Guinean student in Australia has been charged by Australian police for allegedly raping an eight-year-old girl. The 30-year-old student (named) from Enga and Wapenamanda raped the girl (named) who is apparently the daughter of the family that has been looking after the student financially while on studies in Australia. The student under the Australian Aid program and studying Retail management at the Brisbane South Bank Institute of Tertiary and Further Education (TAFE) has been charged with three counts of rape, one count of indecently dealing with a minor and one count of enter a dwelling and committing an offence. He is now at the remand and reception centre at Wacol (Brisbane) jail awaiting his committal mention on October 19. He has been given a $A6000 bail (K14,000) but because he cannot produce the money he will be there until next month when he next goes to court. Police in Richlands Watch House where he was maintained and later taken to the Wacol jail confirmed the incident but could not comment further because the matter was before the court and the charges related to the sexual assault of a minor. The Post-Courier traced the family involved, and the mother of the girl raped, who was previously married to a Papua New Guinean said the student was a guest with another student in their home for Father’s Day when the alleged incident happened. He first appeared for mention on September 11 and pleaded not guilty but a further submission made against him resulted in the case taken further. He has been living at the Wacol jail since he was released from the Richlands Watch House two weeks ago.

[ Next Thread | Previous Thread | Next Message | Previous Message ]

Replies:
[> Subject: Re: PNG student on child rape charge


Author:
Fr. Robert Laka
[ Edit | View ]

Date Posted: Wed, Sep 20 2006, 02:15:47pm

It is true that it is a shame on Enga, (as if even educated Engans are cowards)a human dignity being violated on the part of the child!!!! Surely a traumatic experience the child would go through in her stages of growth. RAPING of women and a child is a sign of a sick society and no exception on this so called "student" destroying the name of Enga.

We all are not happy. However,we should also hear the story on the side of the student. The incident took place after an invitation on the "father's day" and surely, there was a party, I suppose, (I maybe wrong). Secondly,how do we classify rape here, is it sexaual penetration or harrashment or what is it. (When I was in Australia, for a visit, I was told that, in Australia, an adult must not even TOUCH a minor, if so, then, it is child molestation already). With this, even in the post courier, it is not explicitly mentioned. Maybe we should hear the story on BOTH sides before making any harsh comments. I myself am against such act as rape, and I for one am in favor of male castration for rapists, but on the grounds of the type of rape. Not every act is rape.

Fr. Robert Laka (Tsikiro Ambum Tange)
Slovenia-Europe

[ Post a Reply to This Message ]
[> [> Subject: Re: PNG student on child rape charge


Author:
katt
[ Edit | View ]

Date Posted: Wed, Sep 20 2006, 06:45:41pm

There are several definitions of Sexual assault in Australia, - I have provided some information for you below, I hope this helps you.

As I understand, a person that is charged with a sexual offence in Australia, especially against a minor, there needs to be sufficient evidence, including medical evidence against the person being charged, for those charges to stand up in a Court of Law.

If an accused person pleads guilty, they proceed to being sentenced by the Magistrate and the Court. If the accused pleads “not guilty”, they proceed to trial.

In Australia the accused person that is charged for a crime and pleads "not guilty", they are “presumed innocent until proven guilty”

The purpose of a court trial is to establish whether an accused person who denies guilt is guilty of the crime, and this must be proven by the prosecution "beyond reasonable doubt".

If found guilty, the accused is sentenced by a judge.

I think we all should wait for the outcome of the Court Hearing.

cheers katt

-----------------------------------------------------------cut and paste

OFFENCES

Sexual Assault

This section creates an Offence of having sexual intercourse (Sexual intercourse as defined above) without the consent of the other person. This offence is a felony and cannot be dealt with summarily. Normally this offence is determined in the District Court. If the accused pleads Not Guilty to the charge then the guilt of the accused is determined by a jury.

Consent is an issue that is frequently at dispute when such charges are defended. This is normally because once a complaint of sexual assault has been made to the Police the alleged victim is normally taken to a hospital for a medical examination. When conducting the examination the doctor will use a "Sexual Assault Kit". The doctor will conduct their own examination as well as take swabs.

If there is evidence of semen present then there would be difficulty on the part of the accused to say that sexual intercourse did not take place. The investigating officer would then normally obtain a sample of the accused blood. The Police have the power to demand an accused to give a sample of blood, saliva or hair under the Crimes Act. This can then be used for examination to match up with the swab taken. This evidence can either clear an accused or be cogent evidence that sexual intercourse took place and that the accused was the person who took part in the sexual act.

This evidence is at times not available to a court if the victim did not make the complaint after the sexual intercourse occurred. In such cases the allegation that sexual intercourse took place can then be disputed by the accused at the trial and the jury would then need to be satisfied Beyond Reasonable Doubt that sexual intercourse took place.

An accused in such trials can admit that sexual intercourse took place but argue there was consent on the part of the victim. In such a situation the Crown must prove Beyond Reasonable Doubt that the accused knew there was no consent or that the accused was reckless as to whether the victim was consenting to the sexual intercourse.

The Crown in this case would call the victim to give evidence about the circumstances as to who the sexual intercourse occurred as well as what conversation or protest that was made by the victim at the time.

In the trial for a charge of sexual assault the victim can give evidence "In Cameral". That is in another room with the evidence taken by camera and shown in the court room of a Television screen. A young person is entitled to a support person to be with them when giving evidence of the offence for moral support.

The court can also make an order prohibiting publication of any part of the evidence taken at the trial. The court can also suppress the names of the parties.

As with all matters of domestic violence, the spouse who is the victim can be compelled to give evidence. This is to ensure that perpetrators of violence in the home cannot escape conviction on the basis of further intimidation or coercion of the victim. It is the intention of the parliament that a person who uses violence in the domestic situation is made to account for their actions instead of being allowed to escape the consequences of such violent acts.

This offence also can be committed in "Circumstances of Aggravation." When the offence is committed in circumstances of aggravation the maximum penalty is penal servitude for 20 years.

Aggravated Sexual Assault

For this offence to be proved the Crown needs to prove Sexual Assault as discussed above as well as circumstances of Aggravation.

For this offence the circumstances of aggravation are a follows:

if at the time of, or immediately before or after, the commission of the offence, the alleged offender maliciously inflicts actual bodily harm on the alleged victim or any other person who is present or nearby (e.g. the victim's child); or
at the time of, or immediately before of after the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument; or
the alleged offender is in the company of another person or persons; or
the alleged victim is under the age of 16 years; or
the alleged victim is (whether generally or at the time of the commission of the offence ) under the authority of the alleged offender; or
the alleged victim has a serious physical disability; or
the alleged victim has a serious intellectual disability.
The Crown would only need to prove one of the above aggravating circumstances, beyond reasonable doubt, in addition to the sexual assault to obtain a conviction for the aggravated form of the offence.

Assault with Intent to have Sexual Intercourse

For this offence to be proved the Crown needs to prove that the accused, with intent to have sexual intercourse with the victim; EITHER

maliciously inflicts actual bodily harm on the other person or a third person who is present or nearby; OR
threatens to inflict actual bodily harm on the other person or a third person who is present or nearby by means of an offensive weapon or instrument.
This offence has a maximum penalty of penal servitude for 20 years.

Indecent Assault

This offence requires the Crown to prove that an assault took place and that immediately before during or after the assault the accused committed an act of indecency on or in the presence of the victim. This is an indictable offence, however, can be dealt with summarily before a magistrate sitting alone. The indecent act can be by the same act as the assault itself.

If the Indecent Assault is committed in circumstances of aggravation then the maximum penalty is imprisonment for 10 years.

Act of Indecency

An act of indecency is an act that a right minded person would consider to be contrary to community standards of decency. This section creates two offences. The first is where the act of indecency is committed with or towards a person who is under the age of 16 years and a second where the act of indecency is committed with or towards a person over the age of 16 years. Where the victim is under 16 years the penalty is imprisonment for 2 years and where the victim is above 16 the penalty is imprisonment for 18 months.

Consent of the victim is no defence to this charge.

For aggravated forms of this offence, when the victim is under sixteen years the maximum penalty is imprisonment for 5 years and where the victim is over 16 years imprisonment for 3 years. If the act of indecency is with or towards a person under the age of 10 years then the maximum penalty is imprisonment for 7 years.

Sexual Intercourse - Child between 10 and 16

If a person has sexual intercourse with a child between 10 and 16 is liable to penal servitude for 8 years. If the victim is under the authority of the accused then the maximum penalty is penal servitude for 10 years.

There is a statutory defense to this charge if the accused believed the child was over 16 years and the child was in fact over 16 years. The accused would need to prove this to the court on the Balance of Probabilities.

Attempting to have Sexual Intercourse with a Child under 10

Any person who attempts to have sexual intercourse with a child under 10 is liable to a maximum penalty of penal servitude for 20 years.

Carnal Knowledge by Teacher etc

Any person who being a schoolmaster or teacher or a father or step-father who unlawfully and carnally knows a girl or attempts such act, being his pupil or daughter or step-daughter commits an offence and is liable to a maximum penalty of penal servitude for 8 years.

Incest

If a male has sexual intercourse with a female over the age of 16 years who is his mother, sister, daughter or grand daughter is guilty of incest. This is probably due to the aim of the section to prevent inter-breeding. If a female has sexual intercourse with a male being her grandfather, father, brother, or son is also guilty of incest.

The maximum penalty is penal servitude for seven years.

Homosexual intercourse with male under 10

A person who has homosexual intercourse with a male person under 10 years of age shall be liable to penal servitude for 25 years.

If a person attempts to have homosexual intercourse with a male person under 10 years of age is liable to penal servitude for 14 years.

If during the trial it is not proved that the child was under 10 years but was in fact between 10 and 16 years of age then the accused can be found guilty of the latter offence.

Homosexual intercourse with male between 10 and 18

For this offence an accused is liable to penal servitude for 10 years. This section has been the subject of debate of recent years as Gay lobbies argue discrimination. This is on the basis that hetero-sexual men can have sex with a female when she turns 16 and so this section should not include males between 16 and 18.

If the homosexual intercourse is by a teacher then the penalty is 14 years penal servitude.

An attempt to commit this offence has a maximum penalty of penal servitude of 7 years.

Acts of Gross Indecency

If a male person commits an act of gross indecency with or towards a male person under 18 years old shall be liable to imprisonment for 2 years.

Sexual Assault by Forced Self-Manipulation

An accused found guilty of forcing another person to penetrate their anus or vagina themselves or with an object is liable to a penalty of penal servitude for 20 years.

Bestiality

Bestiality is a sexual act between a human and an animal. To commit an act of bestiality is an offence which makes the accused liable to penal servitude to 14 years.

If a person attempts bestiality then they are liable to penal servitude for 5 years.

Misconduct with regard to Corpses

Any person who:

indecently interferes with any dead human body; or
improperly interferes with, or offers any indignity to, any dead human body or human remains
is guilty of an offence and is liable to imprisonment for two years.

[ Post a Reply to This Message ]
[> Subject: Re: PNG student on child rape charge


Author:
SJA
[ Edit | View ]

Date Posted: Wed, Sep 20 2006, 06:18:38pm

WELL, we should know the real story, I sugest notto give judgement to this Engan right away. we need to listen to both parties.

I am begging from you all that not All ENGANS are not like that if this is real. Do not generalize that Engans are rapist. It is just like your fingers with different sizes and with different functions.

All ENGANS are not bad so please do not say that.

[ Post a Reply to This Message ]
[> Subject: Re: PNG student on child rape charge


Author:
pngean
[ Edit | View ]

Date Posted: Thu, Sep 21 2006, 11:48:04am

If the Engan student is guilty, than he is guilty! The same goes for the two UNITECH students who are currently awaiting sentencing in Lae.

Whatever happened to `innocent until proven guilty!'

peace

pngean

[ Post a Reply to This Message ]
[> [> Subject: Re: PNG student on child rape charge


Author:
Cool_Guy1
[ Edit | View ]

Date Posted: Mon, Sep 25 2006, 01:33:26pm

I dont think we should justify ourselves with different laws. Touching or even penetration of a minor is sickening and unbecoming of an adult human being who knows what is right and wrong.

Living and studying in Australia is a priviledge not a right. I have had the benefits of being awarded the same scholarship to study in Australia, so as many other Papua New Guinea. It is those students who hang around the wrong places, filling their minds with gabbages and scums on the outsketches of cities in Australia that tend to bring to disrepute the names of some other law abiding PNG citizens who and respected Engans.

The Unitech case and this case, does not imply anything about the province. Those people who have got themselves involved in such animalistic behaviour tend to stuck their nose into penthouses, stripeshows, brothels, etc, where they get exposed to such animalistic behaviours.

They dont represent the majority of good Engans, they are a minority that seem to have adopted animalist behaviours and dont know who they are. They cant tell whether they are human beings or animals, as such, this behaviours are engraved in their hearts and minds.

Cool_Guy1

[ Post a Reply to This Message ]
[> Subject: Culprit identified


Author:
-
[ Edit | View ]

Date Posted: Fri, Sep 29 2006, 09:01:24am

Student held over molestation

AN Engan man is behind bars in Brisbane, Australia, after being charged with three counts relating to an alleged sexual assault on a minor.
The man from Wapenamanda, identified as Raphael Eso, was attending a Father’s Day get together with friends early this month, when he allegedly assaulted the minor, believed to be the 10-year-old daughter of the host.
Eso has entered a plea of not guilty when he appeared in a Brisbane court two weeks ago, and has been remanded in custody.
Eso is a student attending a TAFFE college on an AusAID scholarship in Brisbane.
He has been allowed A$6,000 (K14,021) bail, but is still in custody as he has not been able to raise to the money.
A source who was at the party when the attack occurred, said the host found out what happened when she went to her daughter’s room and found Eso and the girl sitting together in bed.
The girl told the mother what happened, and she reported the matter to police.


http://www.thenational.com.pg/092806/nation22.htm

[ Post a Reply to This Message ]
[> [> Subject: Re: Culprit identified


Author:
c n p from scape
[ Edit | View ]

Date Posted: Fri, Sep 29 2006, 10:47:02am

Sexual abuse of children is a harsh fact of life in our society and you must get this straight in your brain.It is more common than most people realize. Some surveys say at least 1 out of 5 adult women and 1 out of 10 adult men report having been sexually abused in childhood.

Child sexual abuse is any sexual act with a child performed by an adult or an older child. This might be fondling the child's genitals; getting the child to fondle an adult's genitals; mouth to genital contact; rubbing an adult's genitals on the child; or actually penetrating the child's vagina or anus.

Other forms of abuse can also occur that are not as easy to detect. These include showing an adult's genitals to a child, showing the child pornographic or "dirty" pictures or videotapes, or using the child as a model to make pornographic materials.

Boys and girls are abused in this way most often by adults or older children who are known to them and who can exert power over them. The victim knows the offender in 8 out of 10 reported cases. The offender is often an authority figure whom the child trusts or loves. The offender persuades, bribes, tricks, or coerces the child to engage in sex or sexual acts.

You hope that your son or daughter would tell you or someone else about it. Yet, children who are being abused often have been convinced or threatened by the abuser that they must not tell anyone about it. A child's first statements about abuse may be vague and incomplete. He may just hint about the problem. Some abused children may tell their friends about it, who may then tell an adult. Many children tell about abuse after a personal safety program is held at their school. Sometimes parents may have suspicions about abuse. Parents need to be aware of the following behavioral changes in their child; these may signal sexual abuse:

Noticeable fear of a person or certain places
Unusual or unexpected response from the child when asked if she was touched by someone
Unreasonable fear of a physical exam
Drawings that show sexual acts
Abrupt changes in behavior, such as bedwetting or losing control of his bowels
Sudden awareness of genitals and sexual acts and words
Attempting to get other children to perform sexual acts
Physical signs of abuse may include sexually transmitted diseases such as gonorrhea. During an exam a pediatrician may also notice changes in the anal or genital areas.
If your child does reveal sexual abuse to you, the most important point is to take what your child says seriously. Many children who report sexual abuse are not believed. When a child's plea for help is ignored, he may not risk telling again. As a result, the child could remain a victim of abuse for months or years.

Listen to your child's explanation for disclosing the abuse. Make sure you report the abuse and help your child to understand that the abuse is not his or her fault. Give lots of love, comfort, and reassurance. If you are angry, make sure you let your child know you're not angry with him. Let your child know how brave he was to tell you and that you understand how frightened and scared he feels. This is most important if the child has been abused by a close relative or family friend. Then, tell someone yourself and get help. Talk to your child's pediatrician, a counselor, a police officer, a child protective service worker, or a teacher.

[ Post a Reply to This Message ]
[> [> [> Subject: This article has never appeared in the Aussie media


Author:
fa
[ Edit | View ]

Date Posted: Mon, Oct 09 2006, 07:24:46pm

I am growing ever more suspicious when the rag newspapers of PNG quickly will run anything true or false yet oddly, this article has never been picked up by the Australian newspapers.

Why? Anyone got any info?

[ Post a Reply to This Message ]
[> [> [> [> Subject: Re: This article has never appeared in the Aussie media


Author:
KLagaipT3
[ Edit | View ]

Date Posted: Tue, Oct 10 2006, 03:05:51am


[ Post a Reply to This Message ]
[> [> [> [> Subject: Re: This article has never appeared in the Aussie media


Author:
james
[ Edit | View ]

Date Posted: Tue, Oct 10 2006, 10:59:01am

It is unusual that this has not been reported by the Australian media. One would hope that before the report was printed the accusations as reported where confirmed by the relevant authorities. The newspapers did not state what the specific charges are.

The media in Australia are quick to report about matters about PNG and in particular charges relating to child sex, regardless of nationality.

Around about the same time this case was reported, an Australian politician was charged with specific child sex offences.

Late last year an Australian swimming coach was charged with sexual assault of a child.

It is difficult for anyone to comment on whether the accussed is guilty or not, that is up to the courts to decide based on evidence provided.

The person in question also has pleaded "not guilty" it is his right to defend himself.

The person in question is charged, (as reported) and if his DNA is part of that evidence and found guilty he will receive 8 years jail.



http://www.theage.com.au/news/national/ill-collins-to-fight-childsex-charges/2006/09/18/1158431645264.html

http://newsfromrussia.com/sport/2005/10/05/64507.html

[ Post a Reply to This Message ]
[> [> [> [> [> Subject: Re: Culprit identified


Author:
Maski lo givim nem nogud lo mipla
[ Edit | View ]

Date Posted: Tue, Oct 10 2006, 03:12:53pm

That is beside the point.
That dickhead was caught red handed doing that.
The police and the courts are aware of it.

The issue here is that idiot was abusing priviledges and paiting a bad name for Enga and PNG as a whole.

[ Post a Reply to This Message ]
[> [> [> [> [> [> Subject: Re: Culprit identified


Author:
james
[ Edit | View ]

Date Posted: Tue, Oct 10 2006, 03:54:53pm

caught doing what exactly? is it "hear say" or what are the charges exactly?

[ Post a Reply to This Message ]
[> Subject: Student’s mishap not representative of all PNG students


Author:
vv
[ Edit | View ]

Date Posted: Tue, Oct 03 2006, 02:20:36pm

Student’s mishap not representative of all PNG students: Maino

President of the PNG Scholars Incorporated (KSI) Macquin Maino in a statement last week said the unfortunate incident involving a Southbank TAFE student was not representative of the behaviour of all PNG students studying in Australia.
“Majority of the students, both self and AusAID-sponsored, were proud Papua New Guineans, who want to do well for their families and country, and are studying and working very hard,” he said.
If anything, Mr Maino said, the incident would only serve to make the PATTAF selection process more stringent, which is understandable.
He, however, said the incident reinforced his earlier call for all PNG students to unite under this main student body – the KSI.
The KSI is the umbrella body for all PNG tertiary student associations throughout Australia.
Mr Maino said he made the call in Brisbane in July this year at the conclusion of the annual KSI convention for all Papua New Guineans studying in tertiary institutions in Australia to come together to collectively address issues of national interest.
“This regrettable incident demonstrates the need to get together on a regular basis and keep a lookout for each other.
“It would also provide us the opportunity to create network with family and friends,” he said.
Mr Maino said it was also regrettable to see the incident reported in the media after coming off a wonderful independence celebration.
Mr Maino said he was confident that PNG Consul Paul Nerau had accorded the affected student the normal consular assistance.



http://www.thenational.com.pg/100306/nation31.htm

[ Post a Reply to This Message ]


VoyUser Login ] Not required to post.
Post a public reply to this message | Go post a new public message
* HTML allowed in marked fields.
* Message subject (required):

* Name (required):

  Expression (Optional mood/title along with your name) Examples: (happy, sad, The Joyful, etc.) help)

  E-mail address (optional):

* Type your message here:

Choose Message Icon: [ View Emoticons ]

Notice: Copies of your message may remain on this and other systems on internet. Please be respectful.


Forum timezone: GMT+10
VF Version: 3.00b, ConfDB:
Before posting please read our privacy policy.
VoyForums(tm) is a Free Service from Voyager Info-Systems.
Copyright © 1998-2017 Voyager Info-Systems. All Rights Reserved.