Alleged pack rape won't be investigated
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- Category: Uncategorised
- Created: Wednesday, 14 July 2010 22:59
- Written by Tony Moore - Brisbane Times
Police have shut the door on re-investigating the alleged pack rape of a 14-year-old girl who was a ward of the state at the John Oxley Youth Detention Centre in 1988.
That was despite written statements from two youth workers from the centre in May 1988 confirming both knew the under-age girl had sex with two boys.
The alleged sexual assault happened at Mt Barney on May 24 that year, when the girl was the only female among a group of detainees taken on a bushwalk with five staff members.
The girl, now 36, was last month given $120,000 in a civil payout from the state government, which she described to brisbanetimes.com.au as "yucky, dirty money to keep me quiet".
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A statement from Queensland Police last night confirmed the carnal knowledge allegation could not be re-investigated because under the law at the time, police had to act within six months of the offence.
"At the time of the incident a statute of limitation existed in regards to the offence of Unlawful Carnal Knowledge [Section 215-Criminal Code 1899]," police said in a statement.
"Limitation was that prosecution must commence within six months after the offence was committed."
Police had previously told brisbanetimes.com.au that no statute of limitation applied in this allegation.
However, they said the two suspect boys were aged 14 at the time of the alleged abuse, and therefore under the age of criminal responsibility laid out in the Criminal Code.
"In 1988, the age of requisite capacity was under 15 years, as defined by the Criminal Code 1899," the police statement said.
In their statement, police referred to the "suspect juveniles' requisite capacity".
Gordon Harris, the Brisbane lawyer representing the girl, said the phrase effectively meant criminal responsibility.
If they would have investigated the matter at that stage, they could have said that the children were incapable of committing the crime because they didn't understand.
Mr Harris said while the age of capacity was 15 in 1988, police should still have investigated.
"If they would have investigated the matter at that stage, they could have said that the children were incapable of committing the crime because they didn't understand," he said.
"If it had been investigated, by all means, police would have been able to lay that claim."
Police did investigate the rape and carnal knowledge charge between October 2006 and October 2007.
In 2008, they ruled there was insufficient evidence after it was reviewed by the Child Safety and Sex Crime Group in October 2007.
In addition, they disputed claims that the view of a child not to press charges was invalid.
"One of the primary consideration in all matters involving children which police investigate is the best interest of the child at the relevant time must be considered," police said in the statement last night.
Source : http://www.brisbanetimes.com.au/queensland/alleged-pack-rape-wont-be-investigated-20100713-109be.html
