$2000 Fine for False Allegation of Sexual Assault
A remarkable tale of a false accuser, but only because in this rare instance the false sexual assault claim was penalised.
This woman, allegedly an unemployed sole carer for her young child, who was arrested for drunken disorderly behaviour outside a Melbourne nightclub at a time when most parents would be fast asleep, made claims that she was sexually assaulted by Police, claims that were later found to be false. Â As a result, she was paraded in Court as a false accuser and was fined $2000. Quite fitting really.
I think however this incident says a lot more about the Police not willing to accept any attacks on their own integrity, than it says about a willingness by the system to penalise false allegations.
And in the scheme of things, I would have to say that the false allegations of Ms Karly Enid Jean Mitchel were minor, if not insignificant, to the kind of false allegations that all too often get made every day, that in fact destroy lives.
In this case the false allegations would have been a minor inconvenience to the accused police officers, who had the backing of witnesses and CCTV.
Had these false allegations of rape been made in the context of a Family Court proceeding, or in the midst of a domestic argument, a separation, or even a date gone wrong, you can bet your bottom dollar that there would have been no fine, no penalty, no prison, at least not for the one making the false allegation, even if proven that it was a “knowingly false allegation.”
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European Court of Human Rights does a backflip: Biological fathers’ lawsuits dismissed
Judgment of the European Court of Human Rights: Biological fathers have no right to recognition of paternity if the mother lives with another man.
In 2010 the European Court of Human Rights ruled that German legislation prohibiting biological fathers from having any contact with their child without the biological mother’s consent was discriminating against fathers and a violation of the men’s human rights.
Refer to article: European Court Bolsters Fathers’ Rights
However, the European Court of Human Rights has just announced a backflip on its previous position, now claiming a ludicrous exception to this ruling by removing the parental rights of the biological father merely because the mother has moved in with another man.
Its a bizarre case of one step forward, ten steps backward for fathers all around the world, and this particular decision exemplifies the entrenched discrimination against biological fathers at every level of the legal system.
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Rugby League – Abusing the truth in its fight against Domestic Abuse
The NRL and the NSW government have recently launched an educational DVD to teach young rugby league players and male students across Australia about the negative impact of violence against women.
This campaign, although well-meaning, has been slammed by many domestic violence experts as a mis-representation of the true nature of domestic violence in this country. Many argue that such a simplistic portrayal of domestic violence will only encourage further abuse, especially amongst the young, because the whole campaign is based on the falsehood.
Although it is fairly well documented that domestic violence is a relationship dynamic, with both parties contributing to the violence and abuse over an extended period of the life of the relationship, Australian sporting codes are unfortunately ‘buying in’ to the myth that domestic abuse and violence is a unilateral phenomenon, and can somehow be stopped by simply vilifying men.
Most domestic violence has a backdrop of  abuse tactics from both the male and female in the relationship, dating back many years before the authorities may be involved.
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Woman Faces Court for Raping Man
In Adelaide yesterday the Courts witnessed another case of a female being accused of a type of behaviour that was long thought to be the sole domain of men.
Hot on the heals of an escalation of charges against women for child abuse, child sexual assault, fraud, female to female violence, and female to male domestic violence, we get another news item of a women who broke into the home of a male with the intention to commit rape.
One has to wonder whether this female initiated abuse is a new phenomenon, or whether it was always there, but now is simply being more aggressively reported.
An Adelaide woman has been ordered to stand trial accused of breaking into a man’s home and raping him.
Rebecca Helen Elder appeared in the District Court yesterday morning on one count of aggravated serious criminal trespass in a place of residence and one count of rape.
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Toddlers should not be allowed to sleep in Prams, Dr Jennifer McIntosh finds
This claim is based on research by clinical psychologist Dr Jennifer McIntosh, who has released guidelines via the Australian Association for Infant Mental Health based on the premise that children under-2 years of age are stressed (and presumably permanently harmed) if allowed to sleep in an unfamiliar environment.
This research has been used to promote the seemingly entrenched ideology of Dr Jenn McIntosh, the very unscientific obsession against fatherhood parenting, especially separated fathers, and she has again cleverly created a legally plausible argument (and as a result a status quo arrangement) for separating mothers to deny  meaningful contact of a child with their father.
However, in my humble opinion her research findings are so compelling that we are obliged to consider all of the circumstances that could create such harm to an under-2 year old child, and not just the highly selective case of a separating father being denied any meaningful contact.
We as a society and as a system of laws should equally prohibit the following activities, lest it leave a under-2 year old stressed and permanently scarred:
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Divorce lawyer busted breaking into home of client’s estranged husband
A divorce lawyer has been caught on surveillance video kicking down the door at the home of his client’s estranged husband and ransacking the place.
Raymond Van Arnam, 60, was filmed breaking into the house in Alamogordo, in the US state of New Mexico, before he and his client Melissa Stonecipher go about collecting her belongings.
They are joined by several of Van Arnam’s law office employees.
They carry out furniture, legal papers, a truck full of furniture and the family dog.
Van Arnam is even seen ripping down ‘no trespass’ signs.
This week a judge sentenced the lawyer to 30 days in jail and issued him a $7500 fine, according to a local news station.
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Divorcees Beware: Negligent Lawyers Cannot Be Sued in Australia
In what can only be described as a remarkable Supreme Court judgment, a Judge has found that a family law lawyer, a Mr Andrew Goddard from Goddard Elliott lawyers , who negligently advised his mentally incapacitated client resulting in a breathtakingly unjust property settlement,  cannot be sued due to Australia’s archaic advocates’ immunity laws.
This decision was made despite finding that Mr Andrew Goddard was extremely negligent in his representation of his client, resulting in a $900,000 shortfall. In a remarkable twist that defies logic, the client was ordered to pay a further $68,000 in legal costs to Goddard Elliott lawyers.
–A JUDGE said today he found it “deeply troubling” that a law firm can avoid paying $675,000 to a mentally incapacitated client that it negligently advised because of an ancient law that protects lawyers from being sued.
Justice Kevin Bell found that Goddard Elliott lawyers were negligent in preparing the case of client Paul Fritsch and as a result he only received less than a third of his share of a marital pool of $4.3 million.
In his Supreme Court judgment, Justice Bell said Mr Fritsch was entitled to substantial compensation from the Glen Waverley law firm but the Common Law “advocates’ immunity” shielded the firm for paying for their negligent handling of his case.
“Goddard Elliott is not liable to pay damages for the loss its negligence caused to Mr Fritsch, a conclusion to which I am driven and find deeply troubling,” Justice Bell said.
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Courts Sending Mixed Messages to Fathers About Child Discipline
A MAN was recently found guilty of hitting his teenage son with a wooden spoon during an argument over homework.
The Canberra man was found guilty in the ACT Magistrates Court, but avoided a conviction after the magistrate accepted he was genuinely remorseful for his actions.
The court heard the man hit his son with a wooden spoon after he refused to do his homework and called his mother a ”bitch”.
The 50-year-old originally pleaded not guilty to a charge of common assault after hitting his son around the legs and hands.
His defence argued it was ”lawful chastisement” but Magistrate David Mossop yesterday found the man had taken things too far and had left the boy bruised and scratched.
However Mr Mossop accepted the boy had a history of poor behaviour and that the insult to the mother went too far. He accepted that the father displayed ”a significant degree of remorse” while still maintaining he was only trying to discipline his son.
However not long after, another judicial officer found that SMACKING your kids can be OK.
Sole Custody and Another Toddler Murder – Mother’s Boyfriend Faces Court
THE grave of toddler Brendan-Junior Nathan Williams is marked with a small white cross, colouring textas, toy cars, a glass butterfly and a picture of a bubbly little boy with an infectious smile.
A love heart and two hand prints are pressed into the fresh soil that marks his final resting place. Brendan, 2, was buried last Tuesday, almost two months after he died on January 15 from injuries.
Today, a 23-year-old man – the de facto husband of Brendan’s mother – who was not the child’s biological father, faces court charged with murdering Brendan at the family’s Melrose Park home.
Police arrested him on Saturday but have released few details about their allegations.
They have sealed off a converted-garage room at the home, where Brendan lived with his mother, her boyfriend and two caged pythons.
Brendan was rushed to Flinders Medical Centre in a car by his mother and her partner about 5am on January 14, three hours after the couple returned home from a southern suburbs hotel.
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A study into the Post-Divorce Experience of Australian Men
We are conducting a study into how Australian men adapt to life after divorce in cases where children were both present and not present in the relationship when it ended.
We are looking for Australian men willing to take part, between the ages of 18 and 60 and who have experienced divorce or a common law (de-facto) relationship breakdown.
If you choose to participate, you will be required to complete three internet based questionnaires that take approximately 20-30 minutes to complete.
All answers will be recorded anonymously and confidentiality of data will be maintained.
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