October 15, 2021


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Judge Advises Man Not To Take Matters Into His Own Hands Following 40 Year Old Trauma

A Mildura man has been advised not to pursue justice on his own, despite the fact that the aftermath of an alleged sexual attack on an eight-year-old child 40 years ago has left him traumatized.

In July 2018, the guy pleaded guilty in Mildura County Court to blackmailing his cousin, a self-employed Melbourne man, through a series of expletive-laden voice conversations.

The 58-year-old allegedly threatened to report his cousin to the authorities after alleging that when he was 16, he assaulted an eight-year-old girl in an inner-suburban flat.

For his silence, he sought $250,000.

The alleged sex assault occurred in 1980 while the Mildura man was on a trip to watch cricket with a buddy at his cousin’s home in Kensington.

The Mildura man had since provided a statement to police, alleging his cousin had taken an eight-year-old Neighbour into a bedroom and warned him to remain away from the room, according to the court.

He stated he “felt something awful was going on,” and the girl reportedly informed him she was forced to perform a sex act after she left the room.

The court heard that the claimed victim eventually took her own life as an adult and that the accused felt somewhat guilty for not intervening in the 1980 event.

The guy could not forget “the sight on that little girl’s face” after the alleged sexual assault, according to the court.

Judge John Smallwood said he believed the man’s sworn description of the events.

He addressed the accused, “And I accept that image has probably tormented you ever since.”

The court heard that in a victim impact statement concerning the blackmail, the Melbourne man did not refute the claims and that the Mildura man had kept quiet about it for a long time.

Judge Smallwood stated that the man was “consumed by a need for justice,” and that the extortion was only an attempt to get his relative to confess to the sex assault charges.

The judge also expressed his wish that the story of the prior sex assault be examined further, according to the Mildura man.

He remarked, “I hope something is done about that fella.”

The Mildura man’s “complex” post-traumatic stress disorder was the subject of a long psychiatric assessment presented to the court.

He was raped in the yard of a primary school when he was nine, his father died in a working accident while he was in his 30s, and two of his own children died as newborns due to medical issues, according to the report.

Judge Smallwood imposed the Mildura man on a three-year good behavior term on the current charge, citing his early guilty plea on the blackmail charge and earlier convictions in New South Wales for a four-month suspended sentence for road rage.

The duration of the bond, according to the court, reflects the gravity of the offence.

“Men in their fifties… As your defense systems begin to deteriorate, rage problems may begin to play a role in your life “He informed the Mildura resident.

“This has unmistakably happened in recent years.

“I was moved by your account of the girl going out of the room, and I hear a lot in this situation.

“You must understand, however, that you will not be able to do this on your own. Vigilant behavior will not be tolerated.

“You need to address the issue of anger control. You are a wise man, but you can’t address the sex abuse problem.

“I understand how difficult it is. You won’t be able to fix it. All you have to do now is get used to it.”

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