Post by pim on Nov 4, 2013 18:46:27 GMT 11
Would you mind if I "parked" this article on this board, just to "warehouse" for the next time someone on NTB wants to have a Muslim-bash about Muslims and women. These guys are getting zero jail time. If you look at the conclusions of the court in the judge's summing up - not the sentence but the facts of the case that the judge regards as proved, in other word's the judge's findings - you'll see that what those two turkeys did is tantamount to rape which is a crime in every legal jurisdiction in Australia. Clearly women have a long way to go in this country! There's a video but I don't know how to hotlink it, since it's an ABC newsclip.
ADFA Skype sex scandal: Daniel McDonald, Dylan Deblaquiere avoid jail time
www.abc.net.au/news/2013-10-23/sentence-expected-in-adf-skype-sex-case/5039296
The two men at the centre of the Australian Defence Force Academy Skype scandal have avoided jail time. Daniel McDonald, 21, secretly filmed himself having sex with a female cadet and streamed it live to Dylan Deblaquiere, 21, in a nearby dorm room at ADFA in Canberra in 2011. Earlier this year a jury found the pair guilty of sending offensive material over the internet without consent. McDonald was also found guilty of an act of indecency. In sentencing today in the ACT Supreme Court, Acting Justice John Nield rejected jail time, taking into account the men's ages and prospects of rehabilitation.[/b]
"Is imprisonment the only appropriate sentence? I have given this question anxious thought. I have wavered between answering yes and no," he said. Instead he handed McDonald two 12-month good behaviour bonds, to be served concurrently, and Deblaquiere a single 12-month good behaviour bond. He warned they will go to jail if they breach their orders. "There has been much media attention to these offences and to the trial. General deterrence has been achieved," he said.
Acting Justice Nield noted that while the Skype transmission was non-violent, published only to a limited audience and was not recorded, it was a substantial violation of the victim's right to privacy."To engage in sexual activity in a private setting, one expects that sexual activity to be private. No one expects it to be transmitted to the world at large or even close friends," he said. "[McDonald] acted intentionally and deliberately to degrade her. He broke his word, breached their friendship, exposed her to humiliation and ridicule. His offence falls above the middle of the range of offences of its kind."
While detailing the facts of the case, Acting Justice Nield noted the pair's actions were vulgar and they had not expressed remorse. "Neither offender said anything to the complainant when what had happened became known to show regret or remorse for what they did," he said. "Neither stood up in court after the complainant read her victim impact statement to say they regret what they did."
'New positive chapter in my life'
Outside the court, the victim was asked by reporters whether she was disappointed with the sentences."Justice Nield has been fair throughout this whole trial and I respect his decision in the matter," she said. She said it had been a difficult time and thanked those who stood by her. "Today has brought closure to two-and-a-half years of turmoil. I now look forward to a new positive chapter in my life," she said.
The men's lawyer, Francis Cahill, says his clients are relieved the case is over. "I would dare say that everyone that was associated with this matter, if they could turn the clock back, would wish they could have made different decisions on the night," he said. Mr Cahill says McDonald has also been cleared over allegations he was involved in another ADFA scandal surrounding The Love of My Life group. Deblaquiere has since left the military to study in South Australia while McDonald has been cleared to resume his studies at ADFA.
Further action flagged
The Department of Defence has confirmed it will take action in relation to McDonald. In a statement the department says, "Administrative action has been initiated. While this action is underway, Defence will not publicly discuss deliberations concerning an individual's service in the Australian Defence Force. As such it would be inappropriate to provide further comment or facilitate interview requests regarding this matter."
But wait! There's more ...
Victim of Skype sex scandal to take legal action against ADF
www.abc.net.au/news/2013-11-04/adfa-sykpe-sex-scandal-daniel-mcdonald-adf/5068630
The woman at the heart of the Australian Defence Force Academy Skype sex scandal is set to take legal action against the military, two-and-a-half years after she was secretly filmed having sex with a fellow cadet. In an exclusive interview with the ABC, the woman - who has identified herself only as Kate - says she was determined to pursue a military career even after she went public about her ordeal. However, she says she was harassed repeatedly at Australian Defence Force (ADF) bases around the country. Kate, now 20, told the ABC that the abuse continued during a stint at RAAF Amberley in Queensland. "[Some] boys in the room across from me thought it was fun to terrorise me and call me the Skype slut continually every time I left my room," she said. Kate has now been discharged on medical and psychological grounds.
In March 2011, she began a casual relationship with cadet Daniel McDonald. He filmed himself having sex with Kate and broadcast it via Skype to a group of cadets at the ADFA base in Canberra. Last month McDonald and another cadet, Dylan Deblaquiere, received 12-month good-behaviour bonds from the ACT Supreme Court over the incident. Deblaquiere has left the military, but McDonald has been cleared to resume his studies at ADFA. "We have a convicted criminal now being sponsored through taxpayers' money to continue his education when the victim is being kicked out," Kate said. "How is that fair?"
Defence accused of leaking information to discredit Kate
Kate says a desire to change the culture within the ADF was her primary motivation for pursuing legal action. "It's also about getting me the resources that I need to start my life again," she said. The 21-year-old believes that over the past two-and-a-half years, the ADF has deliberately leaked information to the media to discredit her. "There was an incident where my medical records [were] obtained without the correct permission," she said. "There was a news story about sensitive personal information that only could come from my medical documents, including the fact that I was on the contraceptive pill at the time."
In June this year, Chief of Army David Morrison said anyone in the ADF who "demeans or exploits their colleagues have no place in this Army". Kate concedes the "top brass are saying the right words", but says she is not convinced that deeper attitudes towards women have changed. "That isolation that people could suffer if they broke ranks and spoke up – that's what they're scared of," she said. "It kind of became the child in the schoolyard being bullied and nobody's willing to step forward because they're scared of the retribution that they would face from it."
ADFA Skype sex scandal: Daniel McDonald, Dylan Deblaquiere avoid jail time
www.abc.net.au/news/2013-10-23/sentence-expected-in-adf-skype-sex-case/5039296
The two men at the centre of the Australian Defence Force Academy Skype scandal have avoided jail time. Daniel McDonald, 21, secretly filmed himself having sex with a female cadet and streamed it live to Dylan Deblaquiere, 21, in a nearby dorm room at ADFA in Canberra in 2011. Earlier this year a jury found the pair guilty of sending offensive material over the internet without consent. McDonald was also found guilty of an act of indecency. In sentencing today in the ACT Supreme Court, Acting Justice John Nield rejected jail time, taking into account the men's ages and prospects of rehabilitation.[/b]
"Is imprisonment the only appropriate sentence? I have given this question anxious thought. I have wavered between answering yes and no," he said. Instead he handed McDonald two 12-month good behaviour bonds, to be served concurrently, and Deblaquiere a single 12-month good behaviour bond. He warned they will go to jail if they breach their orders. "There has been much media attention to these offences and to the trial. General deterrence has been achieved," he said.
Acting Justice Nield noted that while the Skype transmission was non-violent, published only to a limited audience and was not recorded, it was a substantial violation of the victim's right to privacy."To engage in sexual activity in a private setting, one expects that sexual activity to be private. No one expects it to be transmitted to the world at large or even close friends," he said. "[McDonald] acted intentionally and deliberately to degrade her. He broke his word, breached their friendship, exposed her to humiliation and ridicule. His offence falls above the middle of the range of offences of its kind."
While detailing the facts of the case, Acting Justice Nield noted the pair's actions were vulgar and they had not expressed remorse. "Neither offender said anything to the complainant when what had happened became known to show regret or remorse for what they did," he said. "Neither stood up in court after the complainant read her victim impact statement to say they regret what they did."
'New positive chapter in my life'
Outside the court, the victim was asked by reporters whether she was disappointed with the sentences."Justice Nield has been fair throughout this whole trial and I respect his decision in the matter," she said. She said it had been a difficult time and thanked those who stood by her. "Today has brought closure to two-and-a-half years of turmoil. I now look forward to a new positive chapter in my life," she said.
The men's lawyer, Francis Cahill, says his clients are relieved the case is over. "I would dare say that everyone that was associated with this matter, if they could turn the clock back, would wish they could have made different decisions on the night," he said. Mr Cahill says McDonald has also been cleared over allegations he was involved in another ADFA scandal surrounding The Love of My Life group. Deblaquiere has since left the military to study in South Australia while McDonald has been cleared to resume his studies at ADFA.
Further action flagged
The Department of Defence has confirmed it will take action in relation to McDonald. In a statement the department says, "Administrative action has been initiated. While this action is underway, Defence will not publicly discuss deliberations concerning an individual's service in the Australian Defence Force. As such it would be inappropriate to provide further comment or facilitate interview requests regarding this matter."
But wait! There's more ...
Victim of Skype sex scandal to take legal action against ADF
www.abc.net.au/news/2013-11-04/adfa-sykpe-sex-scandal-daniel-mcdonald-adf/5068630
The woman at the heart of the Australian Defence Force Academy Skype sex scandal is set to take legal action against the military, two-and-a-half years after she was secretly filmed having sex with a fellow cadet. In an exclusive interview with the ABC, the woman - who has identified herself only as Kate - says she was determined to pursue a military career even after she went public about her ordeal. However, she says she was harassed repeatedly at Australian Defence Force (ADF) bases around the country. Kate, now 20, told the ABC that the abuse continued during a stint at RAAF Amberley in Queensland. "[Some] boys in the room across from me thought it was fun to terrorise me and call me the Skype slut continually every time I left my room," she said. Kate has now been discharged on medical and psychological grounds.
In March 2011, she began a casual relationship with cadet Daniel McDonald. He filmed himself having sex with Kate and broadcast it via Skype to a group of cadets at the ADFA base in Canberra. Last month McDonald and another cadet, Dylan Deblaquiere, received 12-month good-behaviour bonds from the ACT Supreme Court over the incident. Deblaquiere has left the military, but McDonald has been cleared to resume his studies at ADFA. "We have a convicted criminal now being sponsored through taxpayers' money to continue his education when the victim is being kicked out," Kate said. "How is that fair?"
Defence accused of leaking information to discredit Kate
Kate says a desire to change the culture within the ADF was her primary motivation for pursuing legal action. "It's also about getting me the resources that I need to start my life again," she said. The 21-year-old believes that over the past two-and-a-half years, the ADF has deliberately leaked information to the media to discredit her. "There was an incident where my medical records [were] obtained without the correct permission," she said. "There was a news story about sensitive personal information that only could come from my medical documents, including the fact that I was on the contraceptive pill at the time."
In June this year, Chief of Army David Morrison said anyone in the ADF who "demeans or exploits their colleagues have no place in this Army". Kate concedes the "top brass are saying the right words", but says she is not convinced that deeper attitudes towards women have changed. "That isolation that people could suffer if they broke ranks and spoke up – that's what they're scared of," she said. "It kind of became the child in the schoolyard being bullied and nobody's willing to step forward because they're scared of the retribution that they would face from it."
