Imprisonment for luring a backpacker to his country farm to commit crime
We see quite often in the media how vulnerable young females get lured into horrific situations and then get taken advantage of or used. The reported case of a European backpacker, a 24 year old woman, gives disturbing details of how her Gumtree advertisement got her kidnapped and sexually assaulted in a pig shed during her stay in Australia. This has become an overwhelming issue as data recording the number of sexual assault victims in Australia shows reports are at an all-time high. The Australian Bureau of Statistics conducted a survey on Sexual Assault and reported that during the 12 months prior her the interview, 0.4% of Australians aged 18 years and over (80,200) experienced sexual assault. This includes, 0.7% of females (65,400) and 1.4% of persons aged 18-24 years (30,900). Whilst sexual assault cases were increasing, victims of kidnapping and abduction deceased by 7.7% in Australia.
THE STORY
In 2017, this woman was visiting Australia as a backpacker. She was known to be an outgoing, adventurous woman, who had travelled the world and experienced life.
It is reported today that, a South Australian man, Gene Charles Bristow, 54, kidnapped and raped this women in a pig shed on his regional property. He held her for two days after he answered a Gumtree advertisement which she posted on in search of farm work. He took her phone, chained her and raped her a number of times.
The victim said she felt like an animal or slave throughout the ordeal, which left her terrified, miserable and feeling powerless.
“I was locked in chains, held against my will and had to endure things that nobody should have to endure,” she said. “He took everything from me. Not only did he take my clothes and belongings, but also my freedom, my mind, my family and my friends.”
District Court Judge Geraldine Davison said Bristow lied to the woman to lure her to the farm at Meningie, 150km southeast of Adelaide, then chained her hands and legs “in what must have been a terrifying experience for her”.
Her Honour said, “You took her mobile phone and disposed of it and left her alone in that shed in the middle of nowhere,” “You raped her on a number of occasions.”
“It is impossible to understand how alone and devastated she must have felt as you humiliated and degraded her in a foreign country,” Judge Davison said.
But she said it was the woman’s courage, resourcefulness and practicality which led Bristow to eventually release her in Murray Bridge. “She managed to undo the chains and to use her computer to alert others that she needed assistance,” Judge Davison said.
He showed no emotion or remorse as he was sentenced to a period of 18 years head sentence and a non-parole period of 12 years and six months.
THE LAW – Sexual Assault
The offence of sexual assault can be found in section 61l of the Crimes Act 1900 (NSW). This section states:
“Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years”.
There are 3 important elements of this offence:
- There must be sexual intercourse
- Without the consent of the other person
- You must know that the other person does not give consent.
What must the prosecution prove?
Since sex offences are criminal offences, the burden of proof lies on the prosecution.
The prosecution must prove the accused’s guilt beyond reasonable doubt.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of a sex offence.
To establish sex offences, the prosecution must prove each of the following matters beyond reasonable doubt:
- The offender had sexual intercourse with another person
- That person did not consent
- The offender knew that person did not consent
If you want to read more about the offence of Sexual Assault, please visit National Criminal Lawyers® dedicated webpage.
THE LAW- Kidnapping
Kidnapping consists of taking or carrying away someone by force or fraud without the consent of that person and without a lawful excuse.
The offence of Kidnapping is contained in section 86(1) of the Crimes Act 1900 which states:
“A person who takes or detains a person, without the person’s consent, with the intention of holding the person to ransom, or with the intention of committing a serious indictable offence, or with the intention of obtaining any other advantage, is liable to imprisonment for 14 years”.
What must the prosecution prove?
Since kidnapping is a criminal offence, the burden of proof lies on the prosecution. The prosecution must prove the accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted of kidnapping.
To establish kidnapping, the prosecution must prove each of the following matters beyond reasonable doubt:
- That [the accused] detained [the alleged victim]
- Knowing that [he/she] was not consenting to that detention; and [the accused] did so with the intention of obtaining an advantage by that detention.
If you want to read more about the offence of kidnapping, please visit National Criminal Lawyers® dedicated webpage.