“ In short: The man, who is intellectually disabled, broke into the home of a young girl and raped her.
The girl's father arrived home from work and held the 29-year-old until police arrived.
What's next? The man was released because a judge ruled he was unfit to plead to the multiple charges against him.
A man who repeatedly raped a young girl after breaking into her home in an ordeal lasting hours has been released because he is unfit to plead to the charges against him.”

“ ABC.


So this is justice?

The Western Australian government needs review the decision and remove the judge from her position.

Are you sure he was released?

“ He was charged with three counts of sexual penetration of a child under 13, three counts of indecent dealing, threatening to kill and aggravated burglary.

District Court Judge Wendy Gillan formally quashed the indictment on Wednesday.

She asked the man if he understood she was ordering his release and he said he did.”

“ABC

And then what happened?

“A man who repeatedly raped a young girl after breaking into her home in an ordeal lasting hours has been released because he is unfit to plead to the charges against him.

WARNING: This story contains distressing content.

The man, who has an intellectual disability, had been in prison since his arrest shortly after the 2019 incident.

The court heard details of the horrific ordeal suffered by the girl and her friend, who was at her home for a sleepover.

The man, who was 29 at the time, entered the child's home through a back door at about 4am.

The court was told he had been drinking and had a significant blood alcohol level.

He went to the girl's bedroom, where she and her friend were asleep, and told her: "I've been watching you, I love you ... If you scream or make any noise, your family won't breathe."

'Frozen and scared'

Prosecutor Nathan Fawkes said the victim's friend was a witness to what was happening but was "frozen and scared", believing she may also be assaulted.

When the girl's father came home from work, his daughter told him there was someone hiding in the bathroom.

There was a struggle and the 29-year-old was held outside until police arrived.

He was charged with three counts of sexual penetration of a child under 13, three counts of indecent dealing, threatening to kill and aggravated burglary.

District Court Judge Wendy Gillan formally quashed the indictment on Wednesday.

She asked the man if he understood she was ordering his release and he said he did.

A close-up shot of the District Court of WA in Perth, showing signage on the building's front facade with the court's name.

"What you did is very bad and very serious and you cannot do anything like that again," she told him.

"You must not drink, it's not good for you."

She said drinking alcohol was "very much a part" of the "very, very bad thing" that he did.

Mr Fawkes had argued for a custody order, saying that while the man had no prior criminal record, he had gone from nothing to "almost the top" in terms of the seriousness of offences.

He also sought to highlight that there was a bottle shop near where the man would be staying when released, and it was not known how many families lived in the area.

Drinking a 'massive concern'

But the man's lawyer Monica Snowball said there was "enough support to alleviate the risk to the community".

This support included 24/7 care at a suburban residence, where alcohol was banned.

The man's sister told the court he wouldn't be given cash because of his prior drinking issues.

"Drinking is a massive concern," she said.

beer cartons next to eachother in different colours and brands

The man had NDIS funding for behaviour support, including addressing boundaries, consent and healthy relationships, his inability to manage funds, and using alcohol in "maladaptive ways".

A representative for the care organisation said he would be in supported accommodation for the "foreseeable future".

A Department of Justice spokesperson said the man had been known as a "model prisoner" and the "laundry guy" due to his effectiveness in the role.

Judge Gillan said she would provide written reasons for her decision next month.”

“ abcnews

https://www.abc.net.au/news/2024-04-25/intellectually-disabled-child-rapist-released-not-fit-to-plead-/103747040


Quote:

"What you did is very bad and very serious and you cannot do anything like that again," she told him. "You must not drink, it's not good for you."

:o

Don't they have psych wards for people like that?

Not anymore, we can’t afford stadiums and mental health hospitals , his  free in the community until he rapes again or kills.

The sad thing is he was a model prisoner. Given support in prison he may well have been able too survive happily and perhaps develop skills for society.

Now his in a group home and under minimum supervision.

It’s neither in the community best interest nor his.

The judge has it wrong and the west Australian government needs to review it