Tuesday, March 01, 2005

From the ALL cultures are EQUAL files woman jailed 1 year for RAPE of child


Woman jailed over rape of 13yo girl
By Karen Michelmore
March 01, 2005
From: AAP
http://www.news.com.au/story/0,10117,12412265-2,00.html

A MOTHER of five who forced her husband to rape a 13-year-old girl in the Northern Territory outback has been jailed for a year.
Savonne Scrubby, 32, pleaded guilty to sexual intercourse without consent after admitting she armed herself with a spear and forced her husband to rape the teenager during an outback fishing trip to a remote billabong in August 2003.
The distraught victim believed Scrubby had been acting under the influence of a "mimi" (bad spirit) or witchcraft, the NT Supreme Court was told today.
Justice David Angel said Scrubby had used her husband "as a means to procure a criminal offence".
"This case is unusual," Justice Angel said.
"The prisoner is responsible for (the man's) physical act ... because she caused it to happen."
With Scrubby's guilty plea, a similar charge against the man was dropped.
"It's clear that the present offence would not have occurred but for the ... actions of the prisoner," he said.
Justice David Angel said Scrubby had been "severely provoked", with her husband obsessing about having sex with the girl for two years.
During the day of the rape, the man had asked Scrubby several times to ask the girl to have consensual sex with him, and by night-fall Scrubby had "snapped", the court was told.
She armed herself with a knife and 2m fishing spear and yelled that she wanted to kill them both.
She poked her husband with the spear and forced her husband to lie on top of the crying teenager and have sex with her.
"She became extremely threatening and abusive and demanded they both undress... and have sex," Justice Angel said.
After the incident, Scrubby took the girl's clothing, hid it in the bush and disappeared.
She walked 22km back to an outstation, arriving there early the next morning still carrying the spear and knife.
Justice Angel said Scrubby was a traditional Aboriginal woman, a mother of five and a non-drinker, who had hit "breaking-point".
She had been subjected to two years of "protracted emotional abuse".
There was no suggestion Scrubby had acted in concert with her husband, and the offence did not involve any sexual gratification on her behalf.
"She was acting in a state of high emotion," he said.
"There was a history of emotional and physical abuse at the hands of her husband."
He sentenced Scrubby to five years jail, to be suspended after she serves 12 months. The term was backdated to when she was first taken into custody 18 days ago.
Justice Angel found the offence was out of character.
"(However) I regard it as an offence involving heartless treatment of a child, who was crying."

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