The Ashfield gang rapes was a series of attacks involving
indecent assault
Indecent assault is an offence of aggravated assault in some common law-based jurisdictions. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault.
England and Wales
Indecent assault was a broa ...
and
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
which were carried out in
Ashfield,
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
,
Australia over a six-month period in 2002. Four
Pakistani brothers and a
Nepal
Nepal (; ne, :ne:नेपाल, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in S ...
i student were convicted and imprisoned for the rapes.
Perpetrators
The Khan brothers were referred to in court reports by their initials only, as two of the brothers were 16 and 17 at the time of the crimes.
The fifth defendant, Ram Shrestha, was a
Nepal
Nepal (; ne, :ne:नेपाल, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in S ...
ese immigrant and friend of the "K" brothers. As of July 2005, MSK was 26 years old, MAK, 25, MRK, 20, and MMK, 19.
As of 2003, Shrestha, also referred to merely by his initials, IB, was 25.
The eldest, MSK, was married with a six-year-old son as of 2005.
They had grown up in Pakistan and had been brought to Sydney in 2000 by their father, who provided them with a house in Ashfield. He unsuccessfully attempted in court to provide an alibi for his sons, and was facing perjury charges at the time of his death in November 2006.
Trials
News media were banned from reporting on the trials until July 2005 to prevent tainting the jury pool.
In 2003, all five defendants were found guilty of "aggravated sexual assault in company" committed on 28 July 2002.
In April 2004, the four brothers were sentenced to a total of 70 years' imprisonment over the 28 July assaults. Ram Shrestha had hanged himself in his prison cell on or about 15 April 2004, a week before the sentencing.
In late 2004 three of the brothers appealed against their sentences, but their appeals were rejected in November 2005.
In the March 2005 trial of MSK, MAK, and MMK for the February rapes, MSK divulged the K brothers' 2003 convictions in open court, a fact which had been kept from the jury to ensure a fair trial. Prosecutor Ken McKay suggested MSK's outburst appeared "calculated" to have the trial aborted.
The trial was aborted for MAK and MMK, but not for MSK.
MSK initially fabricated evidence that he had "consensual" sex with a 14-year-old,
before admitting in late 2005 that he had lied.
MSK, as well as his barrister, argued that MSK's actions were influenced by alcohol and cultural conditioning. MSK apologised to his victim in court and said that he understood his actions were wrong now that he better understood "Australian culture."
Using culture as an excuse disgusted the father of one victim, who was Muslim.
In April 2006, the
New South Wales Supreme Court
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Cour ...
increased the sentences of three of the brothers. Justice
Peter Hidden added a minimum of five years to MSK's sentence and a minimum two extra years to MAK's jail term for the February and 14 July rapes. Their younger brother, MMK, was sentenced to 12 months' imprisonment, to be served concurrently and in juvenile detention, for having sex with an underage girl on the night of one of the rapes, as well as for an indecent assault in November 2001.
In October 2007, it was reported that three of the brothers were facing further rape charges. In March 2009 MRK pleaded guilty to aggravated sexual assault on a 15-year-old girl in 2002; he was due to be sentenced on 20 March 2009.
Crimes
The crimes were, in chronological order:
MMK is also alleged to have indecently assaulted a 15-year-old girl, Y, in November 2001, but she did not wish to go to trial.
On 12 May 2002, he allegedly indecently assaulted two other girls whom police cannot locate, molesting them while he videotaped them.
After one assault, MRK allegedly made an allusion to the
Sydney gang rapes
The Sydney gang rapes were a series of gang rape attacks committed by a group of up to 14 youths led by Bilal Skaf against Australian women and teenage girls (2 with Italian parents, 1 with Greek parents and one part Aboriginal girl), as young as ...
by a group of
Lebanese-Australian
, langs = Australian English, Lebanese Arabic, Standard Arabic, French, Armenian
, rels = Majority: Christian: Maronite Catholic, Orthodox, Melkite Catholic, Protestant (55%),
Minority: Islam: Shia Islam, Sunni Islam, Alawite (37%), ...
men led by
Bilal Skaf.
Aftermath
On 9 February 2007 it was reported that the two eldest brothers had been
assaulted in
Goulburn Correctional Centre
The Goulburn Correctional Centre, (also known as The Circle) is an Australian supermaximum security prison for males. It is located in Goulburn, New South Wales, three kilometres north-east of the central business district. The facility is operat ...
by a gang of eight other inmates. One was taken to
Canberra Hospital
Canberra Hospital is a major tertiary public hospital located in Garran, Canberra, Australian Capital Territory. It is the largest hospital in the region with 672 beds catering to a population of about 550,000. It was formed when the Woden Vall ...
with critical head injuries. Seven convicts appeared in court via videolink in March 2009 to face charges over the assault.
MRK, the first of the brothers to be eligible, was granted parole by the State Parole Authority in April 2010 and released the following month.
[Link to podcast]
() Victims called for deporting the perpetrators back to Pakistan, but legal experts considered it "highly unlikely" that revoking the brothers' Australian citizenship would be legal.
MMK was paroled in June 2018, prompting another campaign for the brothers to be stripped of citizenship and deported. Immigration Minister
Peter Dutton
Peter Craig Dutton (born 18 November 1970) is an Australian politician who has been leader of the opposition and leader of the Liberal Party since May 2022. He has represented the Queensland seat of Dickson in the House of Representatives sinc ...
stated that he would have liked to do so, but it was not possible.
See also
*
Sydney gang rapes
The Sydney gang rapes were a series of gang rape attacks committed by a group of up to 14 youths led by Bilal Skaf against Australian women and teenage girls (2 with Italian parents, 1 with Greek parents and one part Aboriginal girl), as young as ...
References
{{DEFAULTSORT:Ashfield Gang Rapes
2001 crimes in Australia
2002 crimes in Australia
Crime in Sydney
Gang rape in Oceania
Gangs in Australia
Rape in Australia
Child sexual abuse in Australia
Incidents of violence against women
2000s in Sydney
Incidents of violence against girls