A 31-year old Afghan invader in Australia has won the right to appeal against his conviction of raping an 18-year old white girl because, he claimed, he did not understand the European “culture” which requires consent from a female for sexual intercourse.
The nonwhite attacker raped and assaulted two white girls in December 2008, and was sentenced to an extremely light 11-year non-parole term for the attacks after being arrested.
Esmatullah Sharifi, 31, earlier pleaded guilty to raping the two white girls, one the 18-year old, and another aged 25. Sharifi was jailed in 2009 for 9½ years with a minimum of seven years for the Christmas Eve rape. In April, he was given a total sentence of 14 years.
He has now been granted leave to appeal against the conviction for raping the 18-year old, who was under the influence of alcohol at the time of the attack.
The basis of his appeal—agreed to by Court of Appeal Justice Robert Redlich—is that “cultural differences” led him to commit the rape.
In his decision, Redlich said: “The sentencing judge rejected any suggestion (Sharifi) didn’t have a clear concept of consent in sexual relations. His Honour concluded that the protection of the community was the principal purpose for which the sentence was imposed.”
But he said the 18-year-old victim had found there were “aspects of his conduct that were strange” because Sharifi treated her like a “willing participant.”
He noted that Sharifi, who came to Australia on a temporary protection visa in 2001, also drove her home.
“It proves, in my view, an adequate basis for most grounds of appeal that (Sharifi) wishes to pursue,” the judge said.
In April last year, a psychologist told the County Court that Sharifi had “an unclear concept of what constitutes consent in sexual relationships” in Australia.
But in his sentencing remarks, Judge Mark Dean said Sharifi had gone hunting for vulnerable, drunken women to rape. His flight from the Taliban was no excuse for extreme violence.
“The offence committed by you was an extremely serious act of violence, and in my opinion you well knew the victim was not consenting,” he said.
“You have no remorse or insight into your offending.”
Sharifi found the teen near a Frankston nightclub and offered to drive her to meet friends at a Mornington hotel. But instead he drove her to a dark street and raped her.
“Your brutal conduct must be denounced by this court,” Judge Dean said.
The outrageous decision to grant leave to appeal on what are obviously bogus grounds—as if any person on earth does not understand what non-consensual sex is—is likely to spark off wide protests among white Australians, who are already suffering under a wave of nonwhite violence and crime.