Saturday, June 27, 2009

A Very Sad Case

LINK TO NEWS STORY

Sometimes the justice system gets it right and sometimes it gets it wrong. In this case they've managed to do both in the one case. The short version of the tale is that a disgusting man molested a boy. The boy told his father who threw the man out of his house and beat him to the point that he needed extensive facial surgery to repair the damage. The child molester was spared gaol as the judge decided the beating he received was punishment enough. The man who beat him has been charged with assault and faces a prison term.

So, where do I believe the justice system has it right and where did it go wrong? It got it right in charging the father with assault. There is simply no excuse for what he did. Was his anger understandable? Of course it was. Would I want to beat the crap out of anyone who molested any of the children in my family? Of course I would. The difference is I have self-control and am a part of a society that doesn't allow us to beat people just because we believe it to be justified. Earlier this week in Perth a man was deliberately run down by someone driving a 4WD. After running the man down, the driver then reversed over him before driving off. What did the victim do to provoke this violence? He had observed the offender driving erratically and told him to stop it. So what do these two incidents have in common? Am I trivialising child molestation by comparing it to road rage? Of course not and the only people who would suggest so are either stupid or have an agenda (or probably both). No, both incidents involved someone deciding what he thought to be appropriate punishment and then delivering it. It's all well and good for pro-vigilante groups to look at the first case and say that he was just a filthy child molester and deserved it but the reality is one can't look at these cases in isolation. To support any vigilantism is to support all vigilantism. So, yes, the reaction of the father is understandable but, no, it's not acceptable and he should feel the full weight of the law. There is a point that need clarifying: some people try to obfuscate the issue by saying the that father was simply 'protecting' his son. That's not true. The boy had already been molested. The father was not protecting his son but rather venting his anger over what had been done. As I said; understandable but not acceptable.

So where did the justice system get it wrong? They let the child molester escape gaol. Child molestation is an awful crime and should always result in a prison term. I can only imagine how terrifying it must be for a small boy to awake to find a man groping his penis. I understand why the judge took the beating into account and it is quite reasonable that he did so. The father took it on himself to punish the offender and therefore that punishment must be taken into account when the judge considers his sentence. No reasonable person would disagree with this but even with the beating taken into account the molester should serve time.

This is a very sad case as the child will suffer for some time because of what happened through no fault of his own. The family will also suffer because the father wasn't able to control himself. There's no winners here and certainly should serve as a warning.

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