Bashing pedophile a 'human, primal reaction'

9-18-2009 Australia:

A father accused of bashing a man who molested his son "reacted as any red-blooded father would", child rights campaigner Hetty Johnston says.

Ms Johnston, founder of child abuse support group Bravehearts, was speaking yesterday outside the Court of Appeal in Brisbane moments after Queensland's Attorney-General lost a bid to have Marsden man Shayne Thomas Davidson serve time in jail for molesting a 10-year-old boy.

In Beenleigh District Court three months ago Davidson, 42, pleaded guilty to indecent treatment of the boy after he molested him during a State of Origin party hosted by the boy's father at a home in Eagleby, south of Brisbane, in June last year.

The boy reported to his father what Davidson had done to him and the boy's father allegedly attacked Davidson so badly he was left with permanent brain damage, the court was told.

Consequently, a District Court Judge did not jail Davidson, saying the punishment already handed out and his injuries meant the case had "exceptional circumstances" and warranted a nine-month intensive corrections order aimed at his rehabilitation and supervision, not prison time.

The Attorney-General appealed the sentence but yesterday in a majority it was yesterday dismissed, with the Court of Appeal ruling Davidson received "the proper sentence".

After accompanying the boy's father - who cannot be identified and has not yet been found guilty of an alleged assault on Davidson - to hear the appeal decision today, Ms Johnston said she was upset the court had referred to the attack on Davidson as retribution.

"He didn't go away and think about this, he reacted I think as any red-blooded father would," she said.

"He reacted without thinking, he just reacted. He didn't go away and think 'this is how I'm going to get this guy back'."

She said the reaction the boy's father had was a "human, primal reaction".

"It's not vigilante, it's not retribution, it's not even thinking about that stuff. It's a parent's worst nightmare.

"I say every father when asked this question would say: 'I would kill anybody who touched my child'."

She said she was also concerned there was a lot of focus on the long-term effects on Davidson but not on the long-term effects his abuse would have on the child.

She said though she understood the Court of Appeal had acted according to the law, the community should decide if "this law that we have now, is what we want".

"Is this how we want these matters judged? Is this how the community feels about child sex offending? That's the bottom line," she said.

Dismissing the Attorney-General's appeal Justice Catherine Holmes ruled the sentencing judge was correct in finding there were "undoubtedly exceptional circumstances" in Davidson's case.

"Protection of the community did not loom large given this was (Davidson's) first offence," she said.

Justice Holmes said had it not been for the attack on Davidson and its "lifelong consequences", a term of nine months' jail would have been an appropriate punishment.

Justice Patrick Keenan said the concept of deterrence "works both ways".

"We also have to deter people taking the law into their own hands ... victims have to understand the law will take its course," he said.

The boy's father is expected to face court next year on a charge of grievous bodily harm.

If found guilty of the offence he faces a jail term. ..Source.. by AMELIA BENTLEY