Islamic cultural differences do not justify forcible rape
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Being a traumatized Muslim refugee from Afghanistan does not give you permission to rape teenagers, according to an Australian court ruling in the case of a refugee who assaulted two women. The defense was centered on the fact that the guilty, Esmatullah Sharifi, 30, claimed he did not understand the concept of "consent."
Highlights
Catholic Online (https://www.catholic.org)
4/12/2012 (1 decade ago)
Published in Asia Pacific
MELBOURNE, AUSTRALIA (Catholic Online) - According to a psychologist who evaluated Sharifi, his cultural differences meant that he did not understand what he was doing was wrong and that he had an "unclear concept of what constituted consent in sexual relationships."
The judge, Mark Dean in Melbourne rejected that line of reasoning and sentenced Sharifi to 14 years in prison. Dean said Sharifi was looking for a victim on the night of the rape.
Sharifi had already been convicted of a previous rape. In 2009, he was sent to prison for an assault on a woman on Christmas Eve of 2008. That assault occurred just five days after he raped the teenager who was the victim in his latest case. Sharifi was linked to that case by DNA.
According to his 18 year old victim, she was intoxicated and separated from her friends. Coming across the teenager, Sharifi offered to drive her to a hotel where her friends were staying, but instead he drove her to a darkened street. Crying, the teenager asked if he was planning to kill her. Sharifi put his hand around her neck, forced her to strip naked, and raped her.
Judge Dean told Sharifi, "Your offending is of the utmost seriousness. You preyed upon a young vulnerable stranger who was alone and intoxicated at night. Your brutal conduct must be denounced by this court. you knew well the victim was not consenting to the act of sexual penetration you performed."
Under Australian law, Sharifi will serve about eight years of his sentence before he becomes eligible for parole. Once released, he will be deported to Afghanistan.
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