Aблоригенский закон и секс с несовершенолетними
Аборигену понизили срок за секс с несовершенолетней с 1 года до 1 дня, после того как он доказал, что по закону его племени жто ОК.

http://www.abc.net.au/am/s786738.htm


Tribal law debate

AM - Tuesday, February 18, 2003 8:21

LINDA MOTTRAM: The case of an Arnhem land man who successfully argued that tribal law gave him the right to sexual relations with his underage bride and saw his sentence reduced from thirteen months to one day has prompted a Northern Territory politician to move to try to outlaw the use of traditional law as a mitigating circumstance.

From Darwin, Anne Barker reports.

ANNE BARKER: When fifty-year old Jackie Pascoe Jamilmira received a one day sentence a few months ago for unlawful sexual relations with his fifteen year old bride there was uproar in the Northern Territory parliament and the wider community.

The sentencing judge had said he was surprised Jamilimira had been charged at all because he was "exercising his conjugal rights in traditional law and the girl knew what was expected of her".

The Director of Public Prosecutions is now appealing against the sentence and on the broader issue the Territory government is reviewing the role of customary law within the wider legal system before deciding on its own action.

But an Independent MP and Speaker of the Territory's twenty five seat parliament, Loraine Braham, is so passionate about the issue she has taken matters into her own hands.

LORAINE BRAHAM: Who has the greater rights - the child or the male? And whose rights should we be protecting? Obviously we are signatories to the convention on the rights of the child and should that have prominence over what happens?

ANNE BARKER: Rather than wait for the results of the government's review, Loraine Braham has drafted her own private members bill to give Aboriginal girls the same protection from sexual exploitation as other girls.

LORAINE BRAHAM: This amendment is not about outlawing promised marriage or traditional marriage, certainly not trying to undermine that at all. All I'm saying is that we shouldn't condone acts that in fact take advantage of young Aboriginal girls under the name of customary law.

We shouldn't be using that as an excuse.

ANNE BARKER: But while some community organisations, including Aboriginal groups themselves, might agree with Loraine Braham, many others are questioning why traditional customs that go back thousands of years should submit to white fella law.

Gerard Bryant is a managing solicitor at the North Australia Aboriginal Legal Aid Service.

GERARD BRYANT: Traditional and customary law is not practiced in many communities here in the Northern Territory and indeed across Australia.

I think that in some communities it is much stronger than others and where it is much stronger than others, I think that the courts need to recognise that and not undermine it by imposing if you like the mores and values of the dominant culture, that is white culture.

LINDA MOTTRAM: Gerard Bryant from the North Australian Aboriginal Legal Aid Service speaking to Anne Barker in Darwin.