What racial and cultural issues could possibly be relevant in such a case?
There are some in the legal community who believe that custodial sentences should be avoided if at all possible in cases involving Aboriginal/Indigenous folk. This includes former Justice Eames of the Victorian bench.
The girl was 7 when first gang raped. She came from a Cape community where paedophilia rates are >60%. (I used to date one of the protection officers who worked there).
She was removed and fostered out into a family in Cairns.
Several years later the Qld Gov forced her back to the community against the wishes of her own family.
She was gang raped again at 10 after returning to the community.
In one episode she contracted gonorrhea.
In the other syphilis.
She is traumatised extensively.
The state prosecutor recommended the judge give the self confessed rapists a non custodial sentence. The judge took that as an excuse not to jail them. The judge also suggested that the girl's sexual promiscuity was somehow to blame despite her age.
In the ensuing outcry the Qld Attorney General was eventually forced to have the case examined.
This found against the judge's decision.
The judge remains as a district court judge in Cairns. The state prosecutor was forced to leave his job and works for an Aboriginal Legal resource.
I have lost several friends debating this case locally.
The racial/cultural issues are that the rapists and victim are Aboriginal and people don't seem to have a clue how to tackle a community were child rape is the norm. (That is not supposed to sound anti-Aboriginal, but we are as a community and nation badly letting down those poor kids).
Like I said some in the legal comnuity believe non custodial sentences are the way to go.
Some agree and others don't.
Most people I know in the Cairns area have little faith in Judge Sarah Bradley. The friends I lost were lawyers who seized upon the legal niceties of the case as justification of Bradley's ruling.
My former partner lasted about 6 months in her job as a protection officer. Most only last 3 months before the stress forces them to leave.
(PS. I don't really want to debate this further folks!!!).