CASE AGAINST LEVIN YOUTH.

Shannon News, 11 May 1928, Page 3

CASE AGAINST LEVIN YOUTH.

GUILTY OF INDECENT ASSAULT.

THREE MONTHS’ HARD LABOUR

A charge of unlawful carnal knowledge with a second charge of indecently assaulting a girl over the age of 12 years and under the age of 16 years, was preferred against a youth named Keith Drysdale at the Palmerston Is. Supreme Court on- Friday. He was found guilty on the second count and sentenced to three months’ hard labour. ... Accused, who pleaded not guilty, was counselled by Mr 11. R. Cooper. The Court was cleared for the hearing. The -jurymen selected to hear tlie denco and bring in a verdict were Messrs N. W. McLean (foreman), J. H. Dixon, F. W. Ward, G. Little, G. R -Lacey, A. H. Gardener, A. L. Ballard; £ Calaghan, R. Paris P L Fairbrother, L. A. Johnston, L. Ward. In these cases no question of consent could arise, stated Mr Cooke, Crown proseeutor, in opening, as the girl was under 16 years of age. This had been law for over 20 years. It was considered by the legislature that a girl under 16 years might consent without realising the consequences of the act. It was thus absolutely essential to protect them. The girl in the case gave evidence stating that she was not yet 16 y<Sars of age. On the evening of Saturday, February 11, she . and her sister met accused and another youth and a motor ride was suggested and accepted. The car was stopped in a side street when accused tqolc her forcefully from her seat and spreading a rug under some trees near by, interfered with her improperly.' When she commenced to cry accused told her ”to shut up.” She called out to her sister, but the latter did not come, having gone off with the other boy. When she got back to the car she made no complaint to her sister' nor did she tell her parents when she got home that night. To Mr Cooper, witness said that when -she left the car she parted good friends with accused., The sister of the girl told the Court that while waiting for the ear accused had asked her her age, and also how old her sister was. She had told him the latter was under 15 years.

Dr. S. J. Thompson, of Levin, said that when he examined the girl three days after the .alleged assault, she showed signs of haying been interfered with, although the injuries might have been caused by self abuse. v The father of the girl produced hei birth certificate showing his daughter toUie under 15 years at the time of the offence alleged. y , ' Detective Russell detailed the resul of his interview-with accused at Levin after the occurrence. The girl’s statement' *of the’affairs was read to Drysdale, who' admitted it was correct except that he had not had the intercourse alleged. Accused had als6 madt a statement, saying he would.be 21 years of age on October 29, 1928. Hi had pulled the girl out of the car and they went under the trees, where they sat down on a rug and fooled about for a while. The girl commenced to cry and as she would not let him have his way with her, they got up and wenl back to the ear. Theftwo sisters were quite friendly when they left them a! the post office, No evidence was offered on accused’. 1 behalf.

In addressing the jury, the Crowe Prosecutor again drew the attentioi of the jury to tho law which completely protected young girls under 16 year!of age. There was also the evidence of the sister that accused had asketl not only the age of the girl but he; own age as well. There should be no doubt in tin minds of anyone, remarked accused ’s counsel, what was intended when thi four young people went out into tlu night to a quiet country road. It wa> true there had been some protest on the part of the girls but they would no; have been girls had they not protested. He submitted that ort the first count Drysdale’s story smattered more of tin truth than that of the girls, and he considered that when the girl cried Accused’s better sense had come upper most, and he had taken her back ti the car. As regards the age of tlu girl, counsel considered that in these days of bobbed hair and short skirts, it was difficult to estimate a girl’s correct age. The jury had seen her in the box, and she certainly looked mon than 16 years old. His Honour reminded the jury thal in all criminal cases the Crown had tc prove its* case beyond all reasonable r< doubt. In this case the doctor’s evidence of having discovered signs of intercourse was not corroborative of the girl’s story because such conditions, according to the medical evidence, could be brought about by self abuse. The doctor’s evidence was only consistent with the girl’s story. As regards the second count, the fact that the girl had consented to go for a ride in the car, and even sit on the rug with him, was not consent to the aet with which accused was charged. His Honour’s interpretation of accus-: ed’s own statement was that the girl j attempted to stop him. As regards the ( age of the girl, the' onus lay with ac- I cused to establish that he believed the girl over 16 years of age. No evidence on the point had been given for him, and furthermore, it was staged by the sister that she had' told Drysdale of the girl’s correct age. Here there J was direct evidence of accused’s belief ; in. the matter and it was hard to think I v how the defence he had raised could be open to him.

The jury ,was out for half an hour, and, returned a verdict of not guilty on tho carnal knowledge charge, but guilty on the assault charge with a strong recommendation for mercy.

In pleading for accused, counsel asked His Honour to give effeet to the jury’s recommendation; • Drysdale was a hard working young man, and this

apparently was his first lapse. Proba- 1 tion should meet the case. J His Honour, in refusing the request, j and in sentencing accused to three months’ hard labour, remarked that ( eases such as this one, were always considered serious by the Court, because j for the virility of the race it was necessary to protect young girls from 1 contamination. Usually a guilty man > would get two years’ gaol, at least, and very often five years. He was going to deal extraordinarily lightly with accused, although not granting probation. A short sharp sentence would do him good and be a lesson for others.