A JUDGE came under wide attack yesterday over her decision to set free nine Aboriginal males who pleaded guilty to gang-raping a 10-year-old girl - a sentence that has spurred an appeal and a review of all recent sentences for sex crimes in Cape York.
The Prime Minister, Kevin Rudd, joined a chorus of criticism of Judge Sarah Bradley's decision on the Aurukun rapists, which he said "disgusted and appalled" him. It has emerged that Judge Bradley had ordered that no conviction be recorded against six of the offenders, who were juveniles. The other three offenders had six-month jail sentences suspended for a year.
During a sentencing hearing in October Judge Bradley said: "I accept that the girl … was not forced and that she probably agreed to have sex with all of you."
The Queensland Attorney-General, Kerry Shine, announced an appeal against the sentences, and a review of all sentences for sexual offences in Cape York communities in the past two years. The Queensland Premier, Anna Bligh, said she was horrified by the leniency of the sentences and was concerned it might reflect a broader trend for remote communities.
"I am not prepared to just write this off as an unusual one-off case. I do want to satisfy myself this is not part of a broader sentencing trend that reflects a lower standard [of justice] for those communities."
Today's Australian newspaper reports that the victim in the Aurukun case is "mildly intellectually impaired". It quotes a Department of Child Safety report from last May - a month after the rape - which describes the girl having gone to a clinic seeking a pregnancy test, telling staff she was having consensual sex, and requesting condoms.
It also reports the girl had been living with a white foster family before being returned to Aurukun. Her foster father and an unnamed department official are quoted saying the department feared being accused of creating "another stolen generation" if it left her with the white family.
■ The Federal Government has called a summit of Aboriginal leaders in the Northern Territory to discuss the Howard government's $1.5 billion takeover of 73 remote communities. The Indigenous Affairs Minister, Jenny Macklin, plans to chair the summit, which has the support of land councils, in Darwin as early as this weekend.
The former Australian of the year Galarrwuy Yunupingu is invited. There is speculation that Mr Rudd may attend.
In one of her first acts as minister yesterday, Ms Macklin placed a moratorium on the dismantling of the work-for-the-dole Community Development Employment Program. But she declared the Government "strongly supports" the quarantining of welfare payments to reduce cash that can be spent on alcohol, drugs and gambling. She gave the go-ahead for the quarantining of such payments in 13 more communities, including violence-torn town camps in Katherine.
with Lindsay Murdoch
An Australian judge has handed down sentences to nine males who have admitted rape of a 10-year-old girl, none of which involve incarceration. Six of the offenders, who were minors at the time of the crime were placed on probation. The other three aged 17, 18 and 26 were given suspended sentences.

In her ruling, Judge Sarah Bradley told them that the victim "was not forced and probably agreed to have sex with all of you".

"I hope that all of you realise that you must not have sex with young girls," she said. She further admonished the 26-year-old: "You should have known a lot better."

Australia's Prime Minister Kevin Rudd said he was "disgusted and appalled" by the court's decision. "I am horrified by cases like this, involving sexual violence against women and children. My attitude is one of zero tolerance," he told reporters.

Queensland Attorney-General Kerry Shine said he is appealing and "I am not prepared to just write this off as an unusual one-off case. I do want to satisfy myself this is not part of a broader sentencing trend that reflects a lower standard of justice for those communities."

Both the victim and all of the defendants involved are from Australia's aboriginal population, which has played a major factor in the case.

At a conference in January, Judge Bradley said: "There are also times when a judge who has knowledge of a community, has information about the community view of the offending, the background to it and the full particulars of those involved may decide an alternative penalty is appropriate. Determining which category of case is before you can be problematic and can often only be done with input from the indigenous community itself."

Boni Robertson, an aboriginal activist, disagreed with the judge's decision. "There is nothing culturally, there is nothing morally, there is nothing socially and there is definitely nothing legally that would ever allow this sort of decision to be made," she said.