The Hon. (Greg) Gregory Eugene, Attorney General of New South Wales: Appeal the acquittal of Cassandra Leigh Johnson of abusing young boys
The Hon. (Greg) Gregory Eugene, Attorney General of New South Wales: Appeal the acquittal of Cassandra Leigh Johnson of abusing young boys
The issue
The sexual abuse of boys by adult women has been a long overlooked, and ignored, problem in Australian society. The Australian legal system in particular has shown great difficulty in acknowledging the victimization of boys who fall victim to female sexual abuse, and in recognizing the criminality of such abuse.
Cultural myths, such that men or boys of any age always want sex, or should feel "lucky" to receive female "attention", or that men and boys cannot be raped, or that only men can be pedophiles, underlie a great deal of bias and unequal treatment of female sexual offenders who target boys. This manifests itself in the courts around Australia, where the nature of the trial often differs greatly than for a male offender - with an excessive focus on the "why" behind the female offending, rather than highlighting the damage caused by the abuse and the need to punish such behavior.
In 2009, a "mistress" at an elite Sydney school, 40yo Cassandra Leigh Johnson, sexually abused 6 young boys aged 11-12 over a period of five months. The facts of the case were not disputed. When the abuse came to light, the school (which cannot be named) attempted to cover up the abuse, however the parents went to the police and pressed charges.
Despite the gravity of the allegations, she was granted bail while awaiting trial. In 2011, Johnson was jailed for 8 years, with a 5 year non-parole period. The judge said at the time that he did not take her gender into account, and he would have given a man the same sentence (although he did not mention what would have happened if the offender had been male and the victims young girls whom he had repeatedly abused). Despite the predictable claims of "mental illness", the judge held her responsible for her actions, although he did take the claims into account, which might explain the light sentence for such a serious crime.
However, in 2012, Johnson had her conviction overturned, and was granted a retrial, on the ground the sentencing judge did not give enough weight to her claims of mental illness. In March of 2013, she had her retrial, and was acquitted on the grounds of mental illness.
While mental illness is a serious issue in society, the extend to which it can be used as a means for women to avoid criminal responsibility for sexual offences against boys is a stain on our justice system. Lesser mental disorders like depression, bi-polar and personality disorders are easy to claim and difficult to prove otherwise - and unlike serious mental illnesses like schizophrenia or psychosis, sufferers are still capable of understanding their actions and knowing right from wrong, as was evidenced in the trial.
However, the more important point is that this particular defence is really only permitted for women - when men attempt make such claims, the response tends to be overwhelming: "your illness may explain your crime, but it does not excuse it". In other words, the justice system tends to hold men totally responsible for their actions without excuse, while bending over backwards to find some reason to "explain" this "unusual" offending by a woman (despite the fact that sexual abuse of boys by female teachers is not uncommon).
It does not bear mentioning the outcome if a 40 year old male teacher had repeatedly sexually abused 11-12 year old girls in his care over a period of months. The notion that he could simply say "I was mentally ill at the time, but OK now" and just walk free is a laughable notion, and even in the unlikely scenario that was to occur, the NSW Attorney General would not be able to run fast enough to the Supreme Court to lodge an appeal.
However, the silence from the NSW Government, and in fact the Australian media, on this acquittal has been disturbing. The purpose of this petition is to shed light on this case and pressure the NSW Government to announce a position on the case and why it has failed to lodge an appeal.
Boys of Australia deserve better. They deserve equal protection from sexual abuse as girls, which means holding offenders to account, regardless of their gender.
If you want to support this cause, email the NSW Attorney General with your thoughts:
office@smith.minister.nsw.gov.au
Judgement:
http://www.caselaw.nsw.gov.au/action/pjudg?jgmtid=164183
http://www.smh.com.au/national/former-school-mistress-granted-bail-20120726-22vg5.html
The issue
The sexual abuse of boys by adult women has been a long overlooked, and ignored, problem in Australian society. The Australian legal system in particular has shown great difficulty in acknowledging the victimization of boys who fall victim to female sexual abuse, and in recognizing the criminality of such abuse.
Cultural myths, such that men or boys of any age always want sex, or should feel "lucky" to receive female "attention", or that men and boys cannot be raped, or that only men can be pedophiles, underlie a great deal of bias and unequal treatment of female sexual offenders who target boys. This manifests itself in the courts around Australia, where the nature of the trial often differs greatly than for a male offender - with an excessive focus on the "why" behind the female offending, rather than highlighting the damage caused by the abuse and the need to punish such behavior.
In 2009, a "mistress" at an elite Sydney school, 40yo Cassandra Leigh Johnson, sexually abused 6 young boys aged 11-12 over a period of five months. The facts of the case were not disputed. When the abuse came to light, the school (which cannot be named) attempted to cover up the abuse, however the parents went to the police and pressed charges.
Despite the gravity of the allegations, she was granted bail while awaiting trial. In 2011, Johnson was jailed for 8 years, with a 5 year non-parole period. The judge said at the time that he did not take her gender into account, and he would have given a man the same sentence (although he did not mention what would have happened if the offender had been male and the victims young girls whom he had repeatedly abused). Despite the predictable claims of "mental illness", the judge held her responsible for her actions, although he did take the claims into account, which might explain the light sentence for such a serious crime.
However, in 2012, Johnson had her conviction overturned, and was granted a retrial, on the ground the sentencing judge did not give enough weight to her claims of mental illness. In March of 2013, she had her retrial, and was acquitted on the grounds of mental illness.
While mental illness is a serious issue in society, the extend to which it can be used as a means for women to avoid criminal responsibility for sexual offences against boys is a stain on our justice system. Lesser mental disorders like depression, bi-polar and personality disorders are easy to claim and difficult to prove otherwise - and unlike serious mental illnesses like schizophrenia or psychosis, sufferers are still capable of understanding their actions and knowing right from wrong, as was evidenced in the trial.
However, the more important point is that this particular defence is really only permitted for women - when men attempt make such claims, the response tends to be overwhelming: "your illness may explain your crime, but it does not excuse it". In other words, the justice system tends to hold men totally responsible for their actions without excuse, while bending over backwards to find some reason to "explain" this "unusual" offending by a woman (despite the fact that sexual abuse of boys by female teachers is not uncommon).
It does not bear mentioning the outcome if a 40 year old male teacher had repeatedly sexually abused 11-12 year old girls in his care over a period of months. The notion that he could simply say "I was mentally ill at the time, but OK now" and just walk free is a laughable notion, and even in the unlikely scenario that was to occur, the NSW Attorney General would not be able to run fast enough to the Supreme Court to lodge an appeal.
However, the silence from the NSW Government, and in fact the Australian media, on this acquittal has been disturbing. The purpose of this petition is to shed light on this case and pressure the NSW Government to announce a position on the case and why it has failed to lodge an appeal.
Boys of Australia deserve better. They deserve equal protection from sexual abuse as girls, which means holding offenders to account, regardless of their gender.
If you want to support this cause, email the NSW Attorney General with your thoughts:
office@smith.minister.nsw.gov.au
Judgement:
http://www.caselaw.nsw.gov.au/action/pjudg?jgmtid=164183
http://www.smh.com.au/national/former-school-mistress-granted-bail-20120726-22vg5.html
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Petition created on 29 August 2013