A judge in Australia’s most populous state has compared incest and pedophilia to homosexuality because homosexuality, now broadly accepted, used to be illegal and widely considered unnatural as recently as a few decades ago.
The judge, Garry Neilson, also opined that legalized abortion makes the taboo against incest unnecessary because the “only reason” incest remains a crime is to lower the risk of genetic defects in children born from incest, The Sydney Morning Herald reports.
“But even that falls away to an extent [because] there is such ease of contraception and readily access to abortion,” the judge pontificated.
“A jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now ‘available,’ not having [a] sexual partner,” he also said.
Neilson made the bizarro statements guaranteed to offend virtually everyone while he was presiding over a criminal case back in April.
The disturbing case involves a 58-year-old man charged with raping his younger sister over and over again when he was 17 and she was 10 or 11 years old, and then raping her some more when she was 18 and he was 26.
Prosecutors wanted to submit all this information to a jury. Neilson would not permit the evidence that the man raped his sister when she was an adult. It was a totally different context, he said.
He then mused his way into more trouble by spouting about the triad of abortion, rape and homosexuality as he discussed his evidentiary ruling.
“By that stage they are both mature adults. The complainant has been sexually awoken, shall we say, by having two relationships with men and she had become ‘free’ when the second relationship broke down,” the judge said, according to the Herald.
“The only thing that might change that is the fact that they were a brother and sister but we’ve come a long way from the 1950s,” he added.
“If this was the ’50s and you had a jury of 12 men there, which is what you’d invariably have, they would say it’s unnatural for a man to be interested in another man or a man being interested in a boy. Those things have gone.”
The statements are coming to light now because the Australian Greens, Australia’s main green political party, asked the country’s Judicial Commission to remove or censure Neilson.
On Friday, a judicial official announced that Nielson will has been suspended from his job, notes The Guardian.
Earlier this week, Sally Dowling, a crown prosecutor, asked an appeals court to remove Neilson from the case. She called Neilson’s comments “completely disgraceful,” according to the Herald.
“The reference to abortion is particularly repellent,” she also said, according to The Telegraph.