Multiculturalism is not an excuse for rape.

By MELISSA WELLHAM

Online commentators and conservative bloggers are calling this a case of political correctness gone mad; of multiculturalism being used to justify rape.

In 2009, Afghan refugee Esmatullah Sharifi was jailed by the Australian courts for raping a 25-year-old woman on Christmas Eve the year before. In March 2012, Sharifi again faced the courts, this time on charges of raping an 18-year-old – an incident that had occurred only five days before the rape he had already been convicted of.

Sharifi entered Australia in 2001 on a temporary protection visa — and now has a permanent protection visa.

The Age reported on the incident of the first rape (the second case).

The victim was sitting on the footpath behind the 21st Century Dance Club when Sharifi approached her and offered to give her a lift to the Bay Hotel. She accepted but became anxious and confused when they had been driving for an hour and she saw a road sign saying Sorrento. Sharifi then pulled over into a dark side street and raped her in the front passenger seat.

“She began to scream and cry out for help,” Ms Dalziel said. “The accused put his left hand over her mouth and his right hand around her neck, restricting her breathing. He said to her, ‘I’ll take you home after it, I’ll give you back your phone as well’.

The courts heard that Sharifi regularly drove around outside nightclubs in Frankston, on the outskirts of Melbourne. He was reportedly on the lookout for drunk, vulnerable, young women.

Sharifi’s defence team tried to defend his actions, claiming that he ‘did not have a great understanding of sexual mores in Australia’

But the judge overseeing the trial disagreed.

Judge Mark Dean said, “These are acts of violence. Serious acts of violence against women, nothing to do with sexual mores. They’re brutal acts of violence.”

Sharifi was placed on the sexual offenders registry and after the second court case was sentenced to 14 years in prison. This year, however, Sharifi has won the right to appeal against his 14-year jail term.  His appeal is based on his original defence: that he does not have a clear understanding of what ‘consent’ means in Australia.

The Herald Sun reports:

Granting leave to appeal, Court of Appeal Justice Robert 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.

The idea that rape might somehow be excused in Australia because of ‘cultural differences’ is incredibly concerning.  Problematic also, is Justice Redlich’s implication that because Sharifi treated his victim like a “willing participant”, his grounds for appeal are justified.

Merely being treated like a “willing participant” does not a willing participant make.

Opinions since Sharifi won the right to appeal have been divided. Conservative commentator Andrew Bolt took the argument a whole giant leap away from sensible when he wrote:

 If Afghan men have a culture which leaves them more likely to rape, and our courts have a culture of being more lenient as a consequence, I suggest Australian women have an interest in stopping the boats until we get this sorted out.

To be clear, Sharifi has merely won the right to an appeal – to make sure all evidence is heard. The verdict of the case, so far, remains the same.

And while the idea that culture could be a legitimate defence to rape is deeply worrying, so is Andrew Bolt’s assertion that “Australian women have an interest in stopping the boats until we get this sorted out.”

Bolt would have you believe that Afghan men are more likely to rape women.

Now, let’s consider that suggestion in a little more detail.

Yes, a culture where women are treated as second class citizens and their bodies are often considered the property of men is problematic. And there are Afghan men who rape women.

But let’s not forget that some Australian men have been guilty of raping Australian women, too.

Given that Australian men rape women, do Australian women have an interest in keeping men off the streets “until we get this sorted out”? No. Of course not. To make that argument would be to tar the very, very vast majority of Australian men with the disturbing violent actions of only a couple. And why? Just because of their gender.

With his absurd ‘stop the boats’ linking of two unconnected stories, Bolt is doing the same thing – just because of ethnicity.

Rape is never excusable. Nor should it ever be considered ‘understandable’.

But then again – neither is blatant racism.

A date has yet to be set for Sharifi’s appeal.