Rape appeal for "cultural differences" (1 Viewer)

[SylviaB]

So a while ago a lovely young gentleman contributing to Australia's vibrant multiculturalism went around brutally raping a bunch of women.

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’.

He went to court and was sentenced to 14 years jail, 11 non-parole.

However, he has been granted an appeal, claiming that "cultural differences" led him to rape a drunken girl.

claiming that "cultural differences" led him to rape a drunken girl.

I know he hasn't been cleared of charges or had his sentence reduced (yet), but the mere fact this appeal was even granted is absolutely revolting. If our legal system had any integrity whatsoever this man would be permanently removed from society, ideally in the form of deportation, execution, or at least castration.

Where are the fucking feminsits on this anyway? They bitch and moan about about some fucking rape jokes on facebook or twitter, but are nowhere to be seen when a muslim is essentially absolved of responsibility for actually raping multiple women.

 

[WeaselPowa]

Re: Rape! It's ok if you're a Muslim!

Where are the fucking feminsits on this anyway? They bitch and moan about about some fucking rape jokes on facebook or twitter, but are nowhere to be seen when a muslim is essentially absolved of responsibility for actually raping multiple women.

Bullshit.

lmao. Granted appeal for raping multiple women because of cultural differences? Give me that lawyer.

And we don't do castration in Australia. I'm pretty sure in order for that to happen he would have had to been deported and then castrated.

 

[SylviaB]

Re: Rape! It's ok if you're a Muslim!

And we don't do castration in Australia. I'm pretty sure in order for that to happen he would have had to been deported and then castrated.

I know, I'm saying that we ought to, because it would be infinitely more effective than some white ribbon bullshit.

 

[WeaselPowa]

Re: Rape! It's ok if you're a Muslim!

I know, I'm saying that we ought to, because it would be infinitely more effective than some white ribbon bullshit.

True. The system here in Australia is way too lenient ): Makes me sad when someone goes and does something extremely fucked up, only to be sentenced to 20 years in jail.

And are you implying feminists are racist? Because that would be hilarious

 

[townie]

I sense that you are more outraged that a Muslim might not be in prison than you feel any sympathy toward the woman herself.

But in any event, I think sometimes appeals are heard to that the legal questions that emerge can be explored.

 

[SylviaB]

Re: Rape! It's ok if you're a Muslim!

I sees that you are more outraged that a Muslim might not be in prison than you feel any sympathy toward the woman herself.

I'm outraged that a Mulsim who is a RAPIST is not in prison, and that the judge is essentially saying that RAPE is okay for certain people.

The fact that there exist "cultural reasons" that make people unable to see the atrocity of rape means that, to the extent that we care about more women not being raped, we probably ought not to bring more of them here.

 

[soloooooo]

If that is his culture, then send him back to Afghanistan.

Or he could be sentenced to death by stoning... which is a practice also in line with his culture.

 

[LANADELREY]

Re: Rape! It's ok if you're a Muslim!

This kind of thing makes feminists' heads explode. They believe that rape is wrong, but they also believe that non-white people are the most moral, lovely most awesome people in the whole world. So I guess this sort of contradiction is where "cultural relativism" came from.

 

[a c]

Re: Rape! It's ok if you're a Muslim!

I'm outraged that a Mulsim who is a RAPIST is not in prison.

I'm confused, isn't the guy in the op currently in prison?

How are appeals normally determined in our society? Are applications to appeal rejected for other reasons?

 

[Kiraken]

Re: Rape! It's ok if you're a Muslim!

http://www.news.com.au/national-new...ural-differences/story-fndo4cq1-1226610493724

hmmm from reading the story i think it's more a consent type of issue that is being appealed.

 

[Kiraken]

Re: Rape! It's ok if you're a Muslim!

I'm confused, isn't the guy in the op currently in prison?

How are appeals normally determined in our society? Are applications to appeal rejected for other reasons?

yeah i'm not sure on this either, although i think it's reasonable to assume that if there are grounds to believe there might have been a legal error in the previous decision, you have the right to appeal

 

[Sy123]

Re: Rape! It's ok if you're a Muslim!

So a while ago a lovely young gentleman contributing to Australia's vibrant multiculturalism went around brutally raping a bunch of women.




He went to court and was sentenced to 14 years jail, 11 non-parole.

However, he has been granted an appeal, claiming that "cultural differences" led him to rape a drunken girl.

claiming that "cultural differences" led him to rape a drunken girl.

I know he hasn't been cleared of charges or had his sentence reduced (yet), but the mere fact this appeal was even granted is absolutely revolting. If our legal system had any integrity whatsoever this man would be permanently removed from society, ideally in the form of deportation, execution, or at least castration.

Where are the fucking feminsits on this anyway? They bitch and moan about about some fucking rape jokes on facebook or twitter, but are nowhere to be seen when a muslim is essentially absolved of responsibility for actually raping multiple women.

He should be given a lifetime in jail/castration in my opinion.
Less 'Muslims' like him, the better.

The mere fact that he has been given an appeal is revolting and insulting.

 

[funkshen]

Re: Rape! It's ok if you're a Muslim!

yes because the feminist squad always has its finger on the pulse of the county courts of victoria.

this case is going to appeal because the defendant's lawyers want to line their pockets with subsequent fees, and have a) managed to convince the defendant that an appeal might be successful, and; b) compelled justice redlich to consider that the trial judge did not adequately address the question of the relationship between ethnic/cultural (subjective) and legal (objective) understanding of consent, and that the court of appeal might make a ruling in this regard. ultimately, this is going to appeal because there is no authority in the case law viz. cutural difference and standards of consent.

from what i can gather, the defendant is appealing against conviction - not on the facts or sentence. however, like murder, there are very few defences to aggravated (sexual) assault. despite the imput of the psychologist into cultural understandings of consent, the law imposes an objective standard of consent in and ignorance of this standard - due perhaps to cultural differences - is not a recognised defence. mark my words, the court of appeal will find it so, and the defendant be in gaol in good time.

 

[Lolsmith]

Re: Rape! It's ok if you're a Muslim!

Feminists in can't know everything and can't be everywhere at once scandal

 

[Some Vunt]

http://www.news.com.au/national-new...ural-differences/story-fndo4cq1-1226610493724

hmmm from reading the story i think it's more a consent type of issue that is being appealed.

Neither women consented.

End of story.

He VIOLENTLY raped them too.

Rape charges dropped and assault, and other stuff someone will come up with can go up.

BUT

Our legal system clearly states what consent is and if he doesn't abide by that bad fucking luck for him. He deserves everything he gets and worse, how dare anyone try to justify the torture these young women have been put through.

Also, drunk chix can't give consent too so even if she didn't yell "NO! STOP!" during his raping and strangling of her he's still a rapist.

 

[funkshen]

Re: Rape! It's ok if you're a Muslim!

i have no idea how the law works, but here's my opinion

 

[LoveHateSchool]

Re: Rape! It's ok if you're a Muslim!

Neither women consented.

End of story.

He VIOLENTLY raped them too.

Rape charges dropped and assault, and other stuff someone will come up with can go up.

BUT

Our legal system clearly states what consent is and if he doesn't abide by that bad fucking luck for him. He deserves everything he gets and worse, how dare anyone try to justify the torture these young women have been put through.

Also, drunk chix can't give consent too so even if she didn't yell "NO! STOP!" during his raping and strangling of her he's still a rapist.

Pretty much Rippy on the money here.

I don't even see how it's not clear cut.

Drive woman to secluded location--->rapes her(A struggle,it was definitely not consensual and whilst drunk you can't even give consent anyway so yeah)--->uses violence against her(strangling)

No ifs or buts about it. Two counts of aggravated sexual assault, no matter what culture/religion you are, and deserving of a hefty, hefty prison sentence for the traumatisation these poor women have been put through.

 

[Kiraken]

Re: Rape! It's ok if you're a Muslim!

Neither women consented.

End of story.

He VIOLENTLY raped them too.

Rape charges dropped and assault, and other stuff someone will come up with can go up.

BUT

Our legal system clearly states what consent is and if he doesn't abide by that bad fucking luck for him. He deserves everything he gets and worse, how dare anyone try to justify the torture these young women have been put through.

Also, drunk chix can't give consent too so even if she didn't yell "NO! STOP!" during his raping and strangling of her he's still a rapist.

yeah i'm not denying his guilt, he blatantly did not get consent and that law is very black and white in Australia.

All i'm saying is that it's kinda narrow to assume he was given an appeal purely because he was Muslim and that there must be some legal precedent to it.

 

[LANADELREY]

Re: Rape! It's ok if you're a Muslim!

i have no idea how the law works, but here's my opinion

everyone has a phd on the internet

 

[loversinjapan]

Re: Rape! It's ok if you're a Muslim!

Mmm... cultural differences (or no other mitigating circumstances for that matter, apart from an insanity/related plea) should not come into play if the crime at hand is an obvious risk to society. Regardless of what precedent his appeal was based on, if it wasn't the fact that it wasn't an unlawful (IN AUSTRALIA, UNDER AUSTRALIAN FUCKING LAW) sexual assault then gtfo. The evidence was admissible. And based on the research I've done, the evidence for the appeal based on issues of consent is weak. If they're basing an appeal on the fact she agreed as he "offered to drive her to meet friends at a Mornington hotel" that isn't exactly consenting for him to rape her is it? Generally, proving consent in sexual assault cases is INCREDIBLY hard. So this appeal is going to end with poor Muslim man, distraught victims and rich barristers.

"In April last year, a psychologist told the County Court that Sharifi had "an unclear concept of what constitutes consent in sexual relationships" in Australia."
You know what? Maybe it is at the fault of the legal system for not making "the idea of consent" more accessible and understandable for people of other cultural/linguistic backgrounds, but for goodness sake, the legal system can expect some level of intelligence/intuition/comprehension/normalcy from the Australian public. If you're going to move to a different country then the least you could fucking do is educate yourself on the appropriate ways of having sex with people.

Irrelevant, but really, anyone who goes in with the defence of provocation/cultural shit/"i didn't know" in a sexual assault case (whereby there was really no consent)... dafuq you doin m8. get owt of Australia.