Judge Garry Neilson recently stated that “a jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now ‘available’, not having [a] sexual partner”.
He also said the “only reason” that incest is still a crime is because of the high risk of genetic abnormalities in children born from consanguineous relationships “but even that falls away to an extent [because] there is such ease of contraception and readily access to abortion”.
These views are not only ridiculous and uninformed but they are also downright dangerous as they marginalise the crimes of child abuse and incest and also show the antiquated view that homosexuality and child rape are one and the same.
Also back in November of 2011 Judge Garry Neilson showed "favour" to a child rapist who was convicted of raping his Neice while living in an incestuous relationship with his sister (his victim's mother) because the convicted child rapist did not ejaculate inside his victim and subsequently saved her from the possibility of sexually transmitted diseases and pregnancy. The fact he thought it was ok the rapist had repeated raped and abused the girl in her own home was ok with the judge as long as he did not ejaculate inside of her. This shows a clear pattern of bias against child abuse survivors and incest survivors. His comments and actions show that he does not believe that incest should be a crime at all.
FACAA would like him removed from his office effective immediately as he appears to show an unacceptable bias towards child rapists and can no longer be expected to rule on cases where incest, child abuse or homosexuality are involved, without showing this bias.
Bravehearts founder Hetty Johnston called his remarks "ludicrous and obscene" and even recommended he be referred to the Royal Commission into institutional responses to child sexual abuse.
It's time Judges were held accountable, they are not above the law.