Topic: Courts. Judge Paul Muscat questioned an apparent 'bias'. A judge has questioned why underage boys engaging in sex with underage girls are often prosecuted for the crime when their girlfriends are not. Judge Paul Muscat has expressed his concern during sentencing submissions for a young man who pleaded guilty to have an unlawful sexual relationship with his underage girlfriend in South Australia.
The Adelaide District Court heard their relationship and sexual activity were consensual and started when the teenage boy was underage. But the court heard the pair had intercourse after the boy turned 18 and when he broke up with the girl her mother found out and went to police.
Judge Muscat said the girl also would be liable for prosecution for sexual activity that occurred when the boy was underage, but he never had seen such a case in the Youth Court. Judge Muscat said it was not the kind of case he would consider a custodial sentence for, which usually would be a penalty for an adult having a sexual relationship with a child.
He said the case was not the sort of thing that criminal courts should be dealing with. From what I read of the complainant's mother's declaration, he was immature," he said. The court heard the girl claimed not all the sexual activity was consensual, as she was coerced into some of it. But the boy's lawyer said that allegation was strongly denied and the prosecution had not charged him with rape.
Judge Muscat said he would likely put the boy on a simple bond without recording a conviction when he delivered his sentence in June. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Judge Paul Muscat questions why young males face sex prosecutions when girlfriends avoid charges. Judge Paul Muscat questions why young males face sex prosecutions when girlfriends avoid charges By court reporter Candice Marcus.
