Why don't we call cultural differences what it really is? Muslim Rape Privilege.
This is a horrifying story not just because of the actions of the Muslim sex offender in Australia, but because of the actions of the authorities who continue to let people like him abuse, assault and walk away.
Sex offender, Ali Jaffari, accused of attempted child-stealing, has had all charges against him dropped after a Magistrate told prosecutors he would have trouble finding Jaffari guilty.
Magistrate Ron Saines said if he was hearing the matter, he would have reasonable doubt, citing ‘cultural differences’ as one factor, which would result in the charges being dismissed.
Jaffari, 35, an Afghan refugee, was convicted in Geelong Magistrates’ Court on August 22, 2013, of indecently assaulting one boy and attempting to indecently assault another.
He was placed on a two-year Community Corrections Order with 300 hours unpaid community work.
Jaffari appeared in Geelong court again yesterday, this time charged with child stealing, attempted child stealing and unlawful assault.
Police Prosecutor, Sergeant Brooke Shears said that about 6.30pm on January 27, 2013, a four year old girl went to Bakers Oval, Geelong West, with her father and brother to play cricket.
She said that while the child’s father was throwing the ball to his son in the nets, the little girl was playing with her own bat at the net opening.
Sgt Shears said Jaffari was walking around the oval, when he approached the child, removed the bat from her hand and rested it against a bollard.
“He then grabbed the child’s hand and began to lead her away before she looked up, saw it wasn’t her father, started crying and pulled her hand away,” she said.
“The victim’s father turned, saw what was happening and yelled at Jaffari, “What do you think you’re doing?”
“The victim ran crying to her father and he comforted her while Jaffari walked off around the oval.”
The prosecutor said, that when interviewed, Jaffari told police, ‘For us is not an issue.”
Mr Saines said the prosecution case fell short of criminality and cited cultural differences as a possible mitigating factor.
Considering how little boys and girls are treated in Afghanistan, there's no doubt that it wasn't an issue for Jaffari.
The Muslim sex offender, was not deported or locked up after his previous offenses. Now he's been kept free once again because of "cultural differences."
Why don't we call the cultural differences excuse what it really is? Muslim Rape Privilege.
Here is what happened last time around.
The mother of a Geelong boy who was allegedly sexually assaulted at Eastern Beach pool has broken down in court describing how he raced to her for safety.
"He was friendly and then started chasing us and like, cuddling us. It started getting worse and worse," the 12-year-old said in his interview, which was played to the court.
"He (Mr Jaffari) grabbed me really tight. I was trying to wiggle myself out, but he was too strong.
Ali Jaffari yesterday pleaded not guilty to eight charges - six of an indecent act with a child under 16 and one count each of attempting to commit an indecent act with a child under 16 and stalking - over the November 30, 2012 incident.
Amanda Hurst, for Jaffari, said her client, an Afghan immigrant, had arrived in Australia by boat and spent 15 months in detention and had little or no support networks.
"In his community he will be particularly reviled (because of the finding)," Ms Jaffari said, adding he had allegedly suffered an "unprovoked attack" as a result of the charges.
Ms Hurst asked for a Community Corrections Order and education to rehabilitate Jaffari, increase his education and have his "social network improved".
Police prosecutor Leading Senior Constable Jacki Davis said no discount should be given to Jaffari after the two boys and the 13-year-old's parents had been put through the full court process and were notably shaken.
"He shows no remorse," she said.
And he predictably reoffended. And will again. It's his culture.
Esmatullah Sharifi, an Afghan refugee, offered an Australian woman a ride home and then put his right hand around her neck and his left hand over her mouth and raped her. Sharifi’s lawyers claimed that due to cultural differences he was confused about the nature of consent.
Last year, an Egyptian Muslim cleric was arrested for groping women on a beach. The spokesman for the Dee Why Mosque said that by groping a grandmother pushing a stroller and an underage girl, Ahmed Alkahly had been “showing love and compassion but had misunderstood the cultural differences between Australia and Egypt.”
Almahde Ahmad Atagore made his own effort at showing love and compassion by sexually assaulting seven women and girls. The youngest of his victims was only 13 years old. Afterward he laughed.
Atagore’s lawyers blamed cultural differences and Judge Margaret Rizkalla agreed, telling the Libyan Muslim rapist, “It seems you were very ill prepared to deal with cultural differences.”
In the Ashfield rapes, four Pakistani brothers raped eighteen women and girls. Their father urged that his sons be pardoned because they “did not know the culture of this culture.”
There's only one way to prevent cultural misunderstandings. End all migration from cultures where there is any confusion on the subject of rape and child abuse.