Lawyer defends Aboriginal elder's rape sentence

A defence lawyer has stood by the original one-month sentence handed to an Aboriginal man who had unlawful sexual intercourse with a 14-year-old girl. The girl was the man's promised wife under traditional law. The original sentence, handed down by the Northern Territory Chief Justice, was increased on appeal to nearly four years. The case has led to calls for judges to be banned from taking Aboriginal customary law into account when making their decisions. But Stewart O'Connell, who has worked as an Aboriginal Legal Service lawyer for more than a decade, says the case was never about customary law because the actions of the elder, known to the court as GJ, were never condoned by customary law. "The reason I say customary law was never used as a defence, is that a defence is something that provides a full acquittal to a charge," he said.

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