Concerns at comedian child sexual abuse resentencing
Mon 23 Jul 2012
Rape Prevention Education Whakatu Mauri and the Auckland Coalition for the Safety of Women and Children have expressed concern about comments ...
Rape Prevention Education Whakatu Mauri and the Auckland Coalition for the Safety of Women and Children have expressed concern about comments made in relation to the comedian being resentenced for sexually abusing his 4 year old daughter. Judge Mark Perkins said that the sentence he gives next Friday to the comedian who admitted the sexual assault will take into account “an argument that the [psychological] effect on the child of the offending is a result not of the offending itself but the actual breakup of the family”.
Rape Prevention Education said the comments suggested that the court had not accessed experts who would be able to provide robust researched evidence of the common effects of sexual assaults on children. Executive Director Dr Kim McGregor is also “concerned that the Judge is unaware of the critical need for specialist treatment for all those who have committed sexual assaults on children.”
She stated the comments provided further support to the Law Commission’s recommendations for the need for specialist courts and specialist trained judges to deal with crimes of sexual violence.
Spokesperson for the Coalition of the Safety of Women and Children Natalie Thorburn said, “Questioning whether children who are subjected to sexual abuse by a parent experience significant harm is outrageous and minimises the seriousness of child sexual abuse”.
The man was discharged without conviction in September last year. Sentencing Judge Phillipa Cunningham said the man was a talented New Zealander who "makes people laugh''. She found that the consequences of a conviction would outweigh the seriousness of the crime, saying "Laughter is an incredible medicine and we all need lots of it.'' Outrage from community advocates ensued. A High Court decision in April found she had made errors in her assessment of the gravity of the man's offending as low, and that he needed to be resentenced.
'Sentence delay for sex comedian, NZ Herald, 20/7/12
'Comedian waits week for sex assault sentence', stuff.co.nz, 20/7/12
'Overturning of comedian's sentence welcomed', NZ Herald, 18/7/12