A psychologist told the County Court that Sharifi had "an unclear concept of what constitutes consent in sexual relationships"
Bit by bit, Western nations are adopting Muslim legal standards on blasphemy and on the treatment of women.
The excuses are manifold. Racism, cultural differences, Islamophobia, relativism... but it all ends the same way, with Western writers, artists and thinkers being censored and Western women being subject to Taliban treatment.
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'.
In the rapist's defense, his lawyer argued that he wasn't at all clear about this whole "Women are human beings" thing.
Mr Regan said Esmatullah Sharifi was uneducated, illiterate, inexperienced in forming relationships with women, and was confused about the nature of consent. He is in Australia on a permanent protected visa.
The judge didn't buy it then, but the usual lefty approach is to just keep appealing until you find a bleeding heart judge who accepts the horrible notion being put forward. And that didn't take very long.
Granting leave to appeal, Court of Appeal Justice Robert Redlich said: "The sentencing judge rejected any suggestion (Esmatullah Sharifi) didn't have a clear concept of consent in sexual relations."
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.
"It proves, in my view, an adequate basis for most grounds of appeal that (Sharifi) wishes to pursue," the judge said.
We're not just dealing with ignorance of the law. We have Western judges setting out the notion that if a Muslim settler in Europe, America or Australia does not understand the concept that women can refuse sexual contact, that this is a mitigating circumstance.
Ms Dalziel said Esmatullah Sharifi claimed he did not have a great understanding of sexual mores in Australia but Judge Mark Dean disagreed.
"These are acts of violence," the judge said. "Serious acts of violence against women, nothing to do with sexual mores. They're brutal acts of violence."
But they do. In Muslim sexual mores, serious acts of violence being committed against women are not a problem because the women do not belong to themselves. They belong to their family.
Islam does not recognize the same concept of individual rights as civilized jurisprudence does. Furthermore Muslims from tribal societies like Afghanistan bring those same tribal attitudes along.
As Australian columnist Andrew Bolt says, quite rightly,
If Afghan men have a culture which leaves them more likely to rape, and our courts have a culture of being more lenient as a consequence, I suggest Australian women have an interest in stopping the boats until we get this sorted out:
And that doesn't just go only for Australia. Stop the boats. Stop the planes. Stop the trains.
The left cannot have it both ways.
Either Esmatullah Sharifi is responsible for his own actions. Or he isn't. Either rape is cultural or it's individual. Either Esmatullah Sharifi should be hit with the full force of the law or the Afghan culture of rape represents a threat to non-Muslim countries.
They can only pick one.