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No appeal in transgender case
23 December 2004

Warnambool, Victoria — THE mother of a Warrnambool teenager who lost her virginity to a woman who posed as man during their two-year relationship is furious the offender will not see jail time.

Yesterday, a spokeswoman for Office of Public Prosecutions director Paul Coghlan said the woman's November sentence would not be appealed against.

The perpetrator was given a two-year suspended jail sentence and ordered to attend a sex offender's program.

She pleaded guilty to nine counts of sexual penetration of a child under the age of 16.

Victoria's chief crime victims advocate Noel McNamara and the victim's family hoped an appeal would see the woman jailed.

The victim's mother said it seemed grossly unfair her daughter was forced to flee to NSW to avoid further victimisation.

"I'm furious that my daughter cannot come back to this area," she said.

"I worry about her all the time. She has a long road ahead of her.

"She is home at the moment for Christmas but will go again.

"I don't think there was ever a chance (the OPP) was going to appeal.

"Their prosecution in the court was more like the defence.

"They were totally in support of the person receiving treatment and didn't think this person could go to prison.

"We hoped there would be even a short prison term, just to give some justice to the victim.

"I think the Australian judicial system should be very wary of what they are doing.

"In other countries this is how vigilantes start."

Mr McNamara, who is president of the Crime Victoria Support Association <http://www.cvsa.asn.au/> and chairs the People's Sentencing Advisory Council, said he was very disappointed.

"It's pretty poor really," he said.

"We thought that something would be done about this one.

"Sex crimes are getting under my skin a lot lately.

"One bloke can get 18 years and another one walks away and is told to get on with their life.

"She has essentially got off. There is no punishment there and suppressing the (offender's) name - that's disgraceful. Their name should be published as part of the punishment.

"Not having that stinks as well."

Neither the offender nor victim can be identified following a court suppression order.

The OPP spokeswoman said Mr Coghlan had considered the case and concluded that under the circumstances the sentence was not eligible for appeal.


Citation
Bernoth, G. (23 December 2004) No appeal in transgender case. Warnambool Standard. http://www.mtra.org.au/press/04/1223.html


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