- Court's betrayal of a child
- By Anita Quigley
- The Daily Telegraph
- 06/02/2007 Make a Comment
- Contributed by: admin ( 59 articles in 2007 )
ONE of the first things an expert in child pornography will tell you is that those who watch it, also commit it.
The theory is supported by recent research conducted by the University of Cork into internet child sex abuse, which found 76 per cent of men convicted of downloading child porn had sexually abused children either before or shortly after viewing it.
With that in mind, consider the recent case of an eight-year-old boy, who it would be fair to say has already copped more than his fair share of bad breaks.
Born to a schizophrenic father, his mother is a stripper, now living in Perth.
But for the best part of last year he has lived with his paternal grandparents in Hobart, a professional couple, after his mother (who is estranged from his father) agreed it would be for the best.
Just before Christmas, and only days before moving back with his mother, his grandparents discovered that her current defacto holds the record for possessing Australia's largest collection of child porn.
Naturally, they immediately sought custody of their grandson.
Yesterday the grandfather, who cannot be identified under the Family Law Act, told me: "There was no way we wanted him living under the same roof as a man who has admitted to a taste for images of children being abused.''
A "taste'' is putting it mildly.
In April 2005, the defacto husband pleaded guilty to and was sentenced to three years jail for possession of more than 350,000 photographs and more than 6400 short movies and videos of child porn.
He was released after 18 months.
Despite her partner's past, the mother maintained her desire for custody of her son and the matter went before the Family Court three weeks ago.
Unfortunately for the grandparents, the presiding judge was Tim Carmody, who delivered the worst break yet in this boy's life.
Why? Because Judge Carmody concluded that her boyfriend's "interest is in young girls, not boys''.
He argued that he never molested a child, was remorseful and did not "consider himself a paedophile''; had taken a "relapse prevention program'' while he was in prison; and therefore the mother could take her son back to Perth.
Clearly, Judge Carmody had some reservations because he also ordered that she no longer live with her partner, or that he stay overnight in the house when her son is present, and finally, that she must never leave her son alone with her boyfriend.
Talk about hedging your bets.
(Also, according to La Trobe University academic John Hirst, the Family Court has no agency to monitor or enforce its ruling.)
Distraught, the grandfather yesterday said that he and his wife cannot afford to lodge an appeal, having already spent $8000 on legal feels.
"Our main concern is that our grandson's mother works from 9pm to 3am and had told the court she would be relying on her boyfriend to look after him,'' he said.
"Now she has been told she can't do that, and she is saying there is a lady upstairs who is 'keeping an eye on him'.
"But how do we know if that is the case, and if the order is being adhered to? How do we know this man is not staying over?''
With no alternative and desperate for help, the grandfather wrote to the judge who originally sentenced the man on the child porn charges, and although the judge was sympathetic in his reply, he admitted there is little he can do as he is now retired.
"I have also written to the principal of the school our grandson just started at last week so he knows the situation, the Minister for child protection in WA, the Police Commissioner and the Federal police. But I am yet to hear back,'' the grandfather said yesterday.
"I don't know what else we can do? Even if we could afford an appeal to the full bench of the Family Court I'm not sure we would be granted a hearing because it doesn't seem Judge Carmody made an error of law - just a very bad decision.''
The grandparents have received support from Professor Freda Briggs from the University of South Australia, an expert on child abuse and former Senior Australian of the Year.
"My concern is that, according to public records, the mother's partner was sexually aroused and masturbated while watching videos and images of children being sexually abused by adults,'' Prof Briggs said.
"He perceives children as sex objects ... was obviously obsessed given the sheer volume of images downloaded - about $40 worth a week.
"Paedophilia is about the abuse of power. Many paedophiles are attracted to children per se because it's so easy to manipulate and control them.
"Gender doesn't matter. So to say he prefers little girls or boys is surely irrelevant.
"Would the judge want his children or grandchildren to be in the care of such a person. I think not.''
In the meantime, as Judge Carmody moves on to deciding the fate of other broken families, this eight-year-old's grandparents continue to live in fear ... and hope.
They fear daily for their grandson's innocence.
They hope he remains in ignorant bliss to his new "father figure's" past.
They are not alone.
We all do.
Discuss this issue at Anita's blog
The theory is supported by recent research conducted by the University of Cork into internet child sex abuse, which found 76 per cent of men convicted of downloading child porn had sexually abused children either before or shortly after viewing it.
With that in mind, consider the recent case of an eight-year-old boy, who it would be fair to say has already copped more than his fair share of bad breaks.
Born to a schizophrenic father, his mother is a stripper, now living in Perth.
But for the best part of last year he has lived with his paternal grandparents in Hobart, a professional couple, after his mother (who is estranged from his father) agreed it would be for the best.
Just before Christmas, and only days before moving back with his mother, his grandparents discovered that her current defacto holds the record for possessing Australia's largest collection of child porn.
Naturally, they immediately sought custody of their grandson.
Yesterday the grandfather, who cannot be identified under the Family Law Act, told me: "There was no way we wanted him living under the same roof as a man who has admitted to a taste for images of children being abused.''
A "taste'' is putting it mildly.
In April 2005, the defacto husband pleaded guilty to and was sentenced to three years jail for possession of more than 350,000 photographs and more than 6400 short movies and videos of child porn.
He was released after 18 months.
Despite her partner's past, the mother maintained her desire for custody of her son and the matter went before the Family Court three weeks ago.
Unfortunately for the grandparents, the presiding judge was Tim Carmody, who delivered the worst break yet in this boy's life.
Why? Because Judge Carmody concluded that her boyfriend's "interest is in young girls, not boys''.
He argued that he never molested a child, was remorseful and did not "consider himself a paedophile''; had taken a "relapse prevention program'' while he was in prison; and therefore the mother could take her son back to Perth.
Clearly, Judge Carmody had some reservations because he also ordered that she no longer live with her partner, or that he stay overnight in the house when her son is present, and finally, that she must never leave her son alone with her boyfriend.
Talk about hedging your bets.
(Also, according to La Trobe University academic John Hirst, the Family Court has no agency to monitor or enforce its ruling.)
Distraught, the grandfather yesterday said that he and his wife cannot afford to lodge an appeal, having already spent $8000 on legal feels.
"Our main concern is that our grandson's mother works from 9pm to 3am and had told the court she would be relying on her boyfriend to look after him,'' he said.
"Now she has been told she can't do that, and she is saying there is a lady upstairs who is 'keeping an eye on him'.
"But how do we know if that is the case, and if the order is being adhered to? How do we know this man is not staying over?''
With no alternative and desperate for help, the grandfather wrote to the judge who originally sentenced the man on the child porn charges, and although the judge was sympathetic in his reply, he admitted there is little he can do as he is now retired.
"I have also written to the principal of the school our grandson just started at last week so he knows the situation, the Minister for child protection in WA, the Police Commissioner and the Federal police. But I am yet to hear back,'' the grandfather said yesterday.
"I don't know what else we can do? Even if we could afford an appeal to the full bench of the Family Court I'm not sure we would be granted a hearing because it doesn't seem Judge Carmody made an error of law - just a very bad decision.''
The grandparents have received support from Professor Freda Briggs from the University of South Australia, an expert on child abuse and former Senior Australian of the Year.
"My concern is that, according to public records, the mother's partner was sexually aroused and masturbated while watching videos and images of children being sexually abused by adults,'' Prof Briggs said.
"He perceives children as sex objects ... was obviously obsessed given the sheer volume of images downloaded - about $40 worth a week.
"Paedophilia is about the abuse of power. Many paedophiles are attracted to children per se because it's so easy to manipulate and control them.
"Gender doesn't matter. So to say he prefers little girls or boys is surely irrelevant.
"Would the judge want his children or grandchildren to be in the care of such a person. I think not.''
In the meantime, as Judge Carmody moves on to deciding the fate of other broken families, this eight-year-old's grandparents continue to live in fear ... and hope.
They fear daily for their grandson's innocence.
They hope he remains in ignorant bliss to his new "father figure's" past.
They are not alone.
We all do.
Discuss this issue at Anita's blog
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