Child betrayed by the law

 

Child betrayed by the law

 
By Anita Quigley
Tuesday, February 06, 2007 at 04:45pm
 

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 Australia¹s 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: ³There 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.¹¹

A ³taste¹¹ 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 partner¹s 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 boy¹s life.

Why? Because Judge Carmody concluded that her boyfriend¹s ³interest is in
young girls, not boys¹¹.

He argued that he never molested a child, was remorseful and did not
³consider himself a paedophile¹¹; had taken a ³relapse prevention program¹¹
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.

³Our main concern is that our grandson¹s mother works from 9pm to 3am and
had told the court she would be relying on her boyfriend to look after
him,¹¹ he said.

³Now she has been told she can¹t do that, and she is saying there is a lady
upstairs who is OEkeeping an eye on him¹.

³But 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?¹¹

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.

³I 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,¹¹ the grandfather said yesterday.

³I don¹t know what else we can do? Even if we could afford an appeal to the
full bench of the Family Court I¹m not sure we would be granted a hearing
because it doesn¹t seem Judge Carmody made an error of law - just a very bad
decision.¹¹

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.

³My concern is that, according to public records, the mother¹s partner was
sexually aroused and masturbated while watching videos and images of
children being sexually abused by adults,¹¹ Prof Briggs said.

³He perceives children as sex objects ... was obviously obsessed given the
sheer volume of images downloaded - about $40 worth a week.

³Paedophilia is about the abuse of power. Many paedophiles are attracted to
children per se because it¹s so easy to manipulate and control them.

³Gender doesn¹t matter. So to say he prefers little girls or boys is surely
irrelevant.

³Would the judge want his children or grandchildren to be in the care of
such a person. I think not.¹¹

In the meantime, as Judge Carmody moves on to deciding the fate of other
broken families, this eight-year-old¹s grandparents continue to live in fear
... and hope.

They fear daily for their grandson¹s innocence.

They hope he remains in ignorant bliss to his new ³father figure¹s² past.

They are not alone.

We all do.