Australian Judge Finds Muslim “Cultural Differences” Valid Excuse for Rape

[EC]

Hat tip to Tarek Fatah on twitter for turning up this little gem.

http://frontpagemag.com/2013/dgreenfield/australian-judge-finds-muslim-cultural-differences-valid-excuse-for-rape/#.UoSX_TTFcJo.twitter

Bit by bit, Western nations are adopting Muslim legal standards on blasphemy and on the treatment of women.

The excuses are manifold. Racism, cultural differences, Islamophobia, relativism… but it all ends the same way, with Western writers, artists and thinkers being censored and Western women being subject to Taliban treatment.

This is how it began.

    An Afghan refugee would drive from his home in Tullamarine to nightclubs in Frankston late at night searching for drunk, vulnerable young woman to prey on, a court was told today.

    He would pick them up in his white 1988 Honda Civic and rape them.

    The victim was sitting on the footpath behind the 21st Century Dance Club when Esmatullah Sharifi approached her and offered to give her a lift to the Bay Hotel.

    She accepted but became anxious and confused when they had been driving for an hour and she saw a road sign saying Sorrento.

    Sharifi then pulled over into a dark side street and raped her in the front passenger seat.

    “She began to scream and cry out for help,” Ms Dalziel said.

    “The accused put his left hand over her mouth and his right hand around her neck, restricting her breathing. He said to her, ‘I’ll take you home after it, I’ll give you back your phone as well’.

In the rapist’s defense, his lawyer argued that he wasn’t at all clear about this whole “Women are human beings” thing.

    Mr Regan said Esmatullah Sharifi was uneducated, illiterate, inexperienced in forming relationships with women, and was confused about the nature of consent. He is in Australia on a permanent protected visa.

The judge didn’t buy it then, but the usual lefty approach is to just keep appealing until you find a bleeding heart judge who accepts the horrible notion being put forward. And that didn’t take very long.

More at link.

[rangerrebew]

If he is a member of the "religion of peace" why was he engaged in violence such as this?  Oh, wait.  I was reading about this in a book about radical islam yesterday and any muslim  has the right to murder or rape, or both, any dhimmi who doesn't convert to islam willingly and if you have the "right", how can you commit a crime?  So I guess the girls had it coming to them.

[EC]

If he is a member of the "religion of peace" why was he engaged in violence such as this?  Oh, wait.  I was reading about this in a book about radical islam yesterday and any muslim  has the right to murder or rape, or both, any dhimmi who doesn't convert to islam willingly and if you have the "right", how can you commit a crime?  So I guess the girls had it coming to them.

It isn't a crime. Most sects of Islam do not recognize rape, since the woman has no say and no opinion. Just the blame. It's not so far off the society painted in "The Scarlet Letter" or "The Crucible."

Not right.

But inevitable. I am a firm proponent of the cyclical theory of history. People don't change, so they will react the same to events, even several hundred years apart.

[rangerrebew]

I am a firm proponent of the cyclical theory of history. People don't change, so they will react the same to events, even several hundred years apart.

This was the whole idea behind the Constitution but democrats and spineless republicans have made it possible for history to repeat itself in this country.

[flowers]

Ever creeping Sharia....................

[Oceander]

This is a rather old story and the outcome a little different than it might suggest.

In particular, and firstly, what the article relates is merely the fact that the appellate judge in question agreed that this disgusting turd had the right to appeal his sentence; that is all.

Secondly, this disgusting turd eventually got a reduced sentence on his appeal, but for a different reason:  that he was suffering from post traumatic stress syndrome as a result of his brutal upbringing in Afghanistan, as per this article:

AN Afghan refugee who raped two women within a week in 2008 has won a reduced sentence because of his traumatic upbringing.

Esmatullah Sharifi, 32, was originally sentenced to 14 years jail in April 2012, with a minimum of 11 years, for the rape of two women in late December 2008.

The first victim was a woman he offered a lift to outside a night club in Frankston.

The second was a woman from whom he asked directions on Christmas day.

But the Court of Appeal today cut the minimum sentence to eight years and six months after accepting he suffered from post-traumatic stress disorder after a brutal upbringing in Afghanistan.

"Although (the sentencing judge) accepted that the appellant suffer[ed] from a post-traumatic stress disorder, as a result of [his] experiences in Afghanistan and consequent depression and anxiety, his Honour does not appear to have related this finding to the burden of imprisonment upon the appellant,'' the Court of Appeal ruled.

I do not know - and didn't search to find out - if this result was further appealed by the prosecutor involved.  However, from this it would appear that as a matter of law the old rule is still in place and the issue emphasized in the original article - a lack of understanding about the full human status of women - has not been adopted into Australian common law.