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By September 13, 2010 21 Comments Read More →

Australian courts protect the identity of sex offenders

A Lovefraud reader recently sent me a link to a tragic story from ABC News in Australia. Here’s how it began:

A man from Melbourne’s inner east has been sentenced to 11 years in prison for incest.

The 64-year-old man, who cannot be named, began abusing his two daughters when they were aged four and eight.

What was reported in the story is awful. From the outside, the family appeared to be privileged. In reality, the man abused and threatened his daughters for 14 years, “at the then family home in Prahran, on ski and overseas holidays, and while school friends were in the next room.”

The man’s actions are despicable, and I feel terrible for his daughters. But what really caught my attention in this story was the fact that the man “cannot be named.”

Huh?

I looked into the issue. Here’s what I found: The Serious Sex Offenders Monitoring Act of 2005 in the state of Victoria, Australia, allows judges to issue suppression orders that prohibit the media from reporting the identities of sex offenders. The court may also prohibit reporting any information that might enable a sex offender, or any person appearing before the court in the case, to be identified.

And, the judges do it.

Escaped child molester

So here’s what happened in a case in January, 2010, reported by the Herald Sun. A convicted child rapist—we don’t know who—was not supposed to leave a compound for released sex offenders, but he did. While he was missing, the police did not notify the community that the man was at large, although they eventually released his identity and description.

After being on the loose for 57 hours, the sex offender was caught. At that point, told that the media release was likely a breach of a county court suppression order, the police withdrew it. The man’s lawyer said that because his client was in custody, there was no reason why his identity should be reported.

Media outlets rail against Victoria’s “many draconian, anti-free speech laws.” Here’s what the Herald Sun wrote in August, 2010, in a story headlined Silence in our courts attacks right to know:

In today’s paper, you can read about a sex offender who previously escaped from custody and has now been relocated by authorities in a country town. Again, this newspaper is not permitted to identify the sex offender, or even name the town.

That community is not allowed to know the identity of the man who may offer to drop their kids off at school one day.

Is that sex offender’s right to privacy more important than the safety of potential victims?

What is the purpose?

Why does Victoria have this law? I could almost see the reason for it in the incest case—if the man was named, people who knew him, and his children, would know that the children were victims of incest. I could possibly see suppressing the man’s name in order to protect the children.

But that doesn’t seem to be the case. This issue appears to be more about protecting the sex offender’s privacy.

In one case, a judge worried about the emotional and psychological effect of media reporting on the respondent, a sex offender who terrorized the women of Melbourne, Australia, for years. Publishing his identity, the judge fretted, might affect his rehabilitation.

This, of course, is stupid. It is very difficult, if not impossible, to rehabilitate habitual sex offenders.

One man’s campaign

Derryn Hinch, a radio personality in Australia, has taken the law on. On June 1, 2008, he held a “Name Them and Shame Them” rally on the steps of Parliament House. He announced the names of two sex offenders and published them on his website. He mounted a petition drive on his website, and eventually gathered 7,000 signatures.

In October, 2008, Hinch was arrested for contempt of court.

On July 30, 2010, the High Court of Australia agreed to hear the case. Here’s how Hinch announced it on his website:

It’s been a long journey and we’ve got a few kilometres to go yet but the next stop is the High Court of Australia. Today I won the right to be heard in the High Court in my battle —in layman’s terms —to make our courts more transparent. To make our courts more open. For evidence to be heard in public and the reasons given in public. To make our courts, especially County Court judges, genuinely consider the public interest when they order the suppression of the name of a serial rapist or a paedophile.

As it stands a law called an Extended Supervision Order protects criminals more than it protects the community. More than it protects you and your kids. It started out as a good law but it has been corrupted and more than  25 serial rapists and paedophiles are walking around the streets, living amongst you, and you cannot know who they are or what they look like. And this year we had the ludicrous and dangerous situation where a man removed an electronic ankle bracelet and escaped  and police could not alert the media or the public until they had received court permission.

Now, I don’t know Derryn Hinch. I’ve never heard his radio show. For all I know, on other matters, he might be a lunatic. But any law that protects the identity of sex offenders is stupid, nuts, and undermines the safety of the community. I hope Derryn Hinch wins his court case.

Read Hinch’s editorials:

The (censored) rapist

The censored rapist (2)


Comment on this article

21 Comments on "Australian courts protect the identity of sex offenders"

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So apparently this is not austraulia wide but just in some areas. I hope this newscaster get his “name them and shame them” petition into law.

I share your OUTRAGE, Donna! It is to me the ultimate insult to the victims. Personally, I think EVERY criminal record of every person should be on the internet, complete with mug shots and the “wanted” files of those that there are warrants out for.

There is more to this article! Being Australian and also Victorian I was outraged a few weeks ago reading there was a large percentage of children that had been put at risk and abused because of the Victorian government protecting the sex offenders.
These were children living in close proximity and also mothers that had taken up live in relationships with sex offenders, unbeknown to them of the dangers they were leading there children into.
I will try to find the link!
I have always admired Derryn Hinch, he has always been outspoken on such important issues. People think he is mad because he is prepared to compromise his media position’s to go to Jail. He is continually in trouble for this but for god sakes some one has to stand up and protect the children and try to have these laws changed!
Why on earth protect a predator and not an innocent child! And it is a very high statistic that sex offenders will re offend!

http://news.ninemsn.com.au/national/7951346/hundreds-exposed-to-sex-offenders

I am not sure if I have attached this link properly!
Basically it is saying that the Victorian Police had been told by the released sex offenders that they were in contact with children and the Victorian police failed to notify Children’s Protective Services.

Child Protective Services in this Country is deplorable.. I have heard sickening stories from my Mother who once worked for a government Department and alone it states in this article attached that 26 children known to Protective Services died last year!

We are not a third world country and I think it is disgusting, embarrassing and shameful that a country of wealth and education can (knowingly) allow children to be abused, neglected and even murdered!

I’m not at all up on Oz laws….but this seems like common sense to me.

What is it going to take for us to protect the innocent?
For the laws to protect them and NOT the perps.

I WANT to know who is around me….living next door……
I want to know who i’m hiring, renting to…..dating or even marrying…..

this makes my heart bleed!!!!
And look…..the outspoken is frowned upon!
The ‘warrior’ is looked at as crazy…..

It only changes when ‘your’ life is effected.

That’s the sad part!

I see vigilantism, in the not so far off future.

guys,

Our country is not much better when a judge allows Dr. Amy Castillo’s children UN-supervised visits after she tells the judge he is going to kill them and then he DOES kill them!

However, we DO have a “sex offender notification” law I thinnk all across the country—make you feel SAFE? Don’t let it.

There is a variation in “classification” between states and my Trojan Horse Psychopath who was a LEVEL 4, HIGH RISK OF VIOLENCE in Texas crossed the border into Arkansas and became a LEVEL 2, and level Twos are ON THE LIST, but you have to GOOGLE THEM BY NAME not address. Makes me grind my teeth!

Also there are 5,000+ “un-classified” sexual predators out of jail in Arkansas and UNTIL THEY ARE CLASSIFIED they can live anywhere and LEGALLY NOT BE ON THE RADAR! According to the classification office, they get 5,000 new people to classify each year and so they are a YEAR BEHIND–and that was several years ago, so with budget cuts, I imagine is more now!

ALL PROGRESS IS MADE BY DISSATISFIED PEOPLE!

We cannot afford to become complacent our voices must be raised and our votes to back them up!

No….it’s only a false sense of security OXy….
BUT…..the info is AVAILABLE IF I want to pursue it.
That’s what I find important.
I’m a researcher, I WANT to know….
i;m not so sure many people want to know this stuff…..as it’s easier to keep the blinders on.

I agree with you EB, I’m reading a book now called “Don’t Believe Everything you think, the 6 basic mistakes we make in thinking” and it is about how we PROTECT our opinions and why we do NOT want to prove them wrong, so if we FEEL SAFE in our country, then we ACTIVELY discard anything that goes against that belief that we are safe. (or whatever our belief is) Makes a lot of sense to me about why we think the things we do.

I think this “discarding of information” that we don’t want to “know” is a lot of why we stay with the psychopaths because it doesn’t destroy our belief that we are “happy” or that they “will change” or “get better” or whatever our belief about them is. A fancy way of saying DENIAL and that “ain’t a river in Egypt, baby!”

Ox Drover,
I am going to get that book! Sounds like it provides the answer WHY people who KNEW what my husband was doing STILL think he’s the cat’s pajamas, (when really he’s the cat’s poo.)

I don’t blame people for being blind to him, but when it is made obvious he LIED and that his lies were used as excuses to assault and nearly kill me… and they still HATE me? B/c once I saw the truth of his personality, I didn’t insist on worshiping him…. and that’s the part I don’t get.

Katy, I think this book will explain it so that it’s pretty easy to see. I do think we (humans) “fool” ourselves by only looking at the evidence we WANT to see to justify the stance we want to take instead of seeing that what we are doing is counter productive.

I have been reading a lot over the past few years. With short term memory problems it makes it difficult to retain some of the details of things at times, but I can get down the broader concepts on these things. Some of it just refreshes my longer term memory from school.

This book also had some good statistics in it that were interesting as well and the way we look at probabilities in a statistical analysis that shows we often calculate them wrong. People can “prove” statistically just about anything they want to by TWISTING statistics…so we must see when we are doing that to prevent ourselves from being misled by OURSELVES.

It is a common demominator for victims to NOT get their families and friends to see the truth so don’t feel like you are alone on that one. It is almost everyone who complains of that same thing. They smear us “the smear campaign” and there are articles here about that so look them up. It is soooo common. My egg donor smeared me to everyone who would listen. Told them I was crazy and tried to take her money.

It hurts at first but you can get to where you just accept it for what it is, more LIES AND DAMN LIES!

Oxy,
I do need to look up the threads on smear campaigns. That was exactly why I am so inspired by EB, b/c instead of whining and crying, she gathers evidence. Now, I don’t whine and cry to HIM, (yep I do it here), but I sit so impotent against the gossip. Will look up the posts. I realize I can not change people’s minds, (b/c many have thier OWN agenda why they belive such garbage) I will NOT let his smear campaign against me be used in court proceedings without submitting PROOF that he is lying and manipulating. Let’s see what the judge thinks of him trying to scam the court… bet that’s not so excusable….

Katy,

It isn’t about what is TRUE but about what “appears to be true” so IF he lies in court, you need to be prepared to REBUT him with evidence.

I was able to use a P’s lies and fabrications against him in a deposition once —he had lied about being a military hero, FBI, CIA and all that kind of junk. So I had my Attorney ask him “Did you tell Mr. X on (date) that you were a CIA agent and did you tell Mr. Y on (date) that you were an FBI agent???” etc.

The P’s attorney was his cousin who KNEW he was and never had been any of these things, so the P was very embarased hee hee.

Oxy,
TOWANDA! Not ALL goes their way! I love the moments where they are eMASKulated. Let’s hope there is a little EB’n in the rest of us!

Dear Katy,
Oh the smear campaign! That smear campaign all most did me in completely.
My ex and I have a daughter together and we had a business together. My ex told everyone that he couldn’t see his daughter because she wasn’t his, I had a affair with my ex husband and she was his. He put all assets in friends names and ran the business down, putting all cash in this pockets and hiding it. Telling the book keeper that was his intention so there was nothing for me to get and when the court case was over he would start running the business properly again.

He told everyone that would listen that it was my intention to leave him months earlier and I had been stealing money from the business, I am unsure of the amount tho I was accused of. This business being one that I never took 1 cent from, never took a wage from and worked every day in for 2 years.
Anyhoo he said if the child does end up being his he will fight for full custody because I had a break down (true, was suffering PTSD) and I was too mental to raise a child.

There was lie after lie and I probably only heard a small percentage of what he had said. He said in court papers that since we were together there were at least 200 text messages to my ex husband that is why he knew we were having an affair after reading these texts. Bahaha well in 5 1/2 years and 200 text when we have 2 children together is not much at all considering it was our only form of communication as the spath had forbidden any other communication, especially face to face. I was not allowed out of the house when the kids where being picked up or dropped off and the kids Dad was not allowed to enter the property. If there were saucing messages he would have got proof but he couldn’t as the text were “dropping the kids off at 6” and things like that.

The thing I learnt tho even tho his solicitor was a friend (ex) of his’s sister (that ended up sacking him as a client)would send terrible letters documenting his (stories) all of it was irrelevant in the court room anyway as he had not one piece of evidence to support his stories. Also everything he was putting down he was making legal documents that could be cross examined in the courts and remember to be a good liar you have to have a very very good memory.

The smear campaign is there way of making everyone feel sorry for them and to justify all they do wrong, because we all know they the spath’s could not possible do anything wrong, they are just victims of us lol.
Because he was writing everything in court documents and sometimes completely contradict himself he made himself look so foolish in the end.

As stressful as the smear campaign is dont let it get to you because you are innocent until proven guilty and they dont have much luck proving anything because it is all a crock!

When it comes to the people that believe him and yes it hurts at the time I found in my experience afterwards the ones that gave him some credit 95% have came back to me and eventually have worked the truth out, the small percentage that believe him still, well frankly they are not worth your time and energy thinking about them, they are not your friends nor do you need them in your life.

One day down the track, they will get it but you will be so moved on from it, it will not even matter any more.
Katy in the beginning they seem so strong and powerful doing what they do best when we are feeling so weak but he will be the one that will look very weak in your eyes soon, when the mist clears you will also see that know one truly does believe him.
I later found out our muteral friends that stopped talking to me only did it because he threatened them not to contact me and they thought it was just too much to be apart of, I didn’t realise that these muteral friends had also stopped speaking to him as well.

Shut the door on the negative talk, dissociate with people that have anything to do with him including family and dont worry about what he is doing and saying, he will be exposed, they always are. x

KaTY, Dani is giving you some sound advice. If people try to talk to you about him just say “I’d rather not talk about that” and STICK TO IT. You are not obligated to talk about him. Don’t even let them tell you things about him unless it is someone you KNOW is on your side (and believe me, it is hard to know who to trust ! So be careful!)

The IMPORTANT people in your life will not believe a word he says, and the others, what difference does it make?

My sperm donor was a well known man, quite wealthy and if not “famous” he was infamous at least (people knew is name but the man never had a real friend in his life!) but he wrote an autobiography that witn his wealth he had published. It was NOT a big best seller—1200 pages, 2-volume set at $250 a set—and he also paid to have a vanity biography done $15.95 kind of thing but HE PAID to have it published. Probably also not a big seller and was FICTION as much as the first one.

Anyway, after his death, the BIG one was available FREE on line! And, the first 7 chapters of it were a SMEAR CAMPAIGN AGAINST ME. When I found out ab out it I almost FREAKED out!

But then I realized—1) those people who know me will not believe one word of what he said about me. 2) those people who don’t know me and read this carp–I don’t know them and I don’t care if they believe every word of it. SO—why sweat it at all? Every one who knew him personally knew the man was a PATHOLOGICAL LIAR. SO UNCOUTH that it told all about how he broke the hymens on his first 5 wives! ugh! TMI!!!! TMI!!!! Who in the world would be interested in that kind of smut unless they were a subscriber to Hustler magazine? What man with any class would TELL such stuff in the first place? And I worry about what he says about me? Nah! Not any more!

They do not GET IT that anyone with any couth wouldn’t act like they do in the first place. They are repulsive but don’t GET IT when other people see how they are.

There will be people who believe the smear, but those people are NOT important to you….no matter how close to you they are, they are NOT your friends. So if they believe, let them. Clean out your rolodex, get rid of the false friends you have. Will make the ones you have left all the more valuable and wonderful by comparison!

WOW Oxy, that is sooo uncool of your sperm donor!

We are moving soon and I had a rather marvellous day recently spring cleaning and getting ready for our move in early November.

The last place I cleaned was the place that contained all my court documents and affidavits. I had not looked at them for the longest time because of all the pain associated with the lies that were there in black and white. I started to read a couple as I knew I would, that is why it took me so long to clean it out but instead of being an emotional wreak, I rolled my eyes, had a little chuckle at the sad pathetic person he is, who spent so much time and energy in trying to destroy me with lies and in the end got no where. In trying to destroy me he completely destroyed himself, not that I could see that at the time.

Anyway I didn’t want to move into my next house with any ghosts from the past and instead of me thinking it would be really hard to get rid of all that stuff it was actually very easy and cathartic. It felt good!

The written word is so powerful, but when there is no truth attached, it ends up on the crap heap of verbal diarrhoea that dribbles from there mouth’s that means absolutely nothing.

We talk here often about NC is the best tactic when it comes to recovering from spaths but that also is the case sometimes like mine where it was NC with anyone that had anything to do with him, muteral friends that were sitting on the fence and his family.

Emerson my daughter has not seen her Grand father since I left, a man that I was very close too but also the man that when I went to him when the physical violence started just said ” What can I do, he is an arsehole, but he is my son” & “He hurts the ones he loves the most” like WT that makes it ok?……….

He believed the story that I was the one that made spath loose the business because I stole so much money. Strange how I ended up at my parents for 12 months and didn’t even have the luxury of a car anymore, I must have been a pretty lame theif….So his loss! He always knew his son was off, spath had always stolen from him, abused him and in the end he gave his son credibility over me and chose to close the door on his own grand child, so guess what he can have him lol… I dont want my daughter looking up to a weak enabler anyway!

My life now is only supported by wonderful family and friends that never doubted me for a second and they are very protective of me and I love them for that, they have help me grow so much stronger and the rest, well we don’t need them. I dont need to be reminded of hell, I want to get on with living.

Katy only spend time with people that make you feel “good” not make you feel stressed or anxious. You need all your strength to forge forward don’t waste it on people no matter how nice they are, if they do not have your best interest in the heart of the friendship. You do not need a lot of friends when recovering you need the right friends! All the best 🙂

you may want to chekc that out and think again ,ist not all straight forward

http://www.abc.net.au/news/stories/2010/09/15/3012452.htm?section=justin

he is 64 and was wrongly accused of rape and incest, guess that doesnt happen to often but still if he had his name all over your website and was known all over the world as rapist, it would be even more devastating, if that is at all possible

Mayo1 Yes that is an extremely unfortunate situation cause by human error but I would image a very rare occurrence. And he will have the opportunity to clear his name. What a lot of these children that have been placed in the care of predictors unbeknownst to them & hurt or murdered will never have the opportunity to do is live a normal life again or have a life at all to live!
As a mother to young children it is my job to protect them from harm and if old Joe Blow down the road that chatted to my kids ended being a rapist I would let my children chat to him any more! And if old Joe Blow down the road isn’t a rapist and the old freindly bloke that has lived there for 50 years and gives the kids chook egg, I am happy for my kids to chat to him on their way home from school!

Don’t they have CAMERAS in the Oz police force? How about FINGER PRINTS? There are other ways to identify someone than by NAME for goodness sakes. Can they COUNT? how about age and date of birth?

18 MONTHS to figure it out? WOW, they are sure on top of the game aren’t they?

Sounds like some of the bungling here in the US!

I agree with you Mayo!

Got a letter last week from the Victims Advocate office of the Arkansas Department of Corrections that notified me that the Trojan Horse Psychopath had been “released”—he was already living on the outside on parole, but now he is OFF PAROLE. The letter was mailed THE DAY he was “released.” (so much for ADVANCE notice of 30 days that I was at one time promised) But they did notify me.

He is no longer a level 4, HIGH RISK FOR VIOLENCE in Arkansas, since he moved here from Texas where he was HIGH risk, he has been lowered to a level 2 because, they said “he didn’t commit any of these crimes (3 rapes of children under 14) in Arkansas so I guess that makes him lower risk, so his ADDRESS doesn’t come up on the Internet web site of Arkansas sexual offenders that are registered, you have to look him up by NAME. (That makes me feel safer, NOT!)

Actually, I am NOT afraid of him, because he KNOWS me and he knows I am not one to be “easily messed with” without there being potentially bad consequences for him. He also knows there is little or nothing for HIM to gain by messing with me, so I think he will leave me alone and not stalk me in any meaningful way. Just in case that opinion is wrong, though, I WILL be prepared.

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