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NIT FORUMS: Getting to the truth of 'a can of worms'
Issue 125 - 22 Mar 2007
By Nicole Watson*
Issue 125, March 22, 2007: In his recent article, 'Culture of Denial' (The Australian Literary Review, 7 March 2007), Louis Nowra begins with surprisingly frank confessions by three Aboriginal men of perpetrating child sexual abuse.
The first was made to Nowra by a man he shared a hospital ward with in 2005, and the second was divulged by two co-offenders who he met in Alice Springs 'a few years before'. Nowra makes no further mention of the confessions in his paper, which beg troubling questions.
Firstly, did Nowra report the confessions to the police? In particular, the second confession appears to have been made very soon after the offence; when the co-offenders were in the process of buying gifts to 'pay' their twelve-year-old victim for having sex with them. Had Nowra immediately approached the police with his information, perhaps they could have acted to protect the victim from further abuse.
It is ironic that Nowra apparently failed to discharge his moral responsibility, not once but twice, because in 'Culture of Denial' he criticises Indigenous people for similarly turning a blind eye to sexual abuse.
Furthermore, if Nowra chose not to share this information with the police at a time that could have made a real difference for the victims, why is he now telling the world at large in one of the country's biggest selling newspapers? That Nowra's shocking revelations coincide with the release of his new book, Bad Dreaming: Aboriginal Men's Violence against Women and Children is disturbing.
The arguments presented in 'Culture of Denial' are simplistic. According to Nowra violence against women is inherent to Indigenous cultures; apparently proven by reference to the accounts of early anthropologists who studied Aboriginal culture with 'much sympathy and respect'.
Nowra says that from the latter part of the 20th century, customary law became a defence used by Aboriginal men charged with murdering their partners (in reality, customary law is not and never has been a defence, but has been taken into account in sentencing). Such measures have led to an epidemic of sexual abuse in Indigenous communities, he writes.
Nowra tags education and economic development as part of his brief prescription, but offers no genuine solutions other than personal responsibility.
Throughout the essay, Nowra inundates the reader with horrifying imagery. His graphic portrayals of sexual abuse mirror those described by Northern Territory Crown Prosecutor, Nanette Rogers, to the ABC programme, Lateline.
In May last year, Rogers discussed in meticulous detail the rapes of infants and demanded that Indigenous people 'take responsibility for their own actions'. Rogers subsequently became a finalist for the Australian of the Year. Like Rogers, Nowra fails to give credit to the Aboriginal women and men who have fought against domestic violence for decades, and while both have benefited from 'their' stories, it is questionable whether any improvements will flow to the unwilling subjects.
It is also paradoxical that the likes of Rogers and Nowra are celebrated for having the bravery to expose the cold hard truths in Indigenous communities, while failing to concede that violence against women and children is pervasive.
A little over 13 years ago I began my first 'real' job, as a clerk in the Office of the Queensland Director of Public Prosecutions.
Each week a Crown Prosecutor and clerk would be assigned to work on trials before the judges of the Brisbane District Court. Rarely a week passed that I did not have some involvement in the prosecution of a sexual offence involving a young child.
Years later, I frequently acted for victims of domestic violence as a solicitor in the Family Law Section of Legal Aid Queensland. Those who I encountered came from all walks of life and if any one group was over-represented, it was middle class white Australians. I do not believe that this was an indication that sexual abuse and domestic violence were more prevalent in this group. Rather, middle class people tend to have greater confidence in the police and an awareness of their legal rights in comparison to those who suffer socio-economic disadvantage.
I also recall that making a police complaint was only the beginning of a torturous journey; during which many victims felt like they were the ones on trial.
I will never forget sitting in on an interview between a Crown Prosecutor and the parents of a six-year old complainant.
The parents were understandably concerned that the anticipated rigorous cross-examination would traumatise their young daughter. The Prosecutor replied earnestly that if he was in their position, he would not want his child to go anywhere near a courtroom. Such reminiscences barely touch the surface of complex issues, but they serve to highlight the flimsiness of Nowra's analysis.
One does not have to work in the courts to realise that sexual violence has infused our entire society. A few hours after reading 'Culture of Denial' I found myself in a line at my local supermarket. In front of me a mother was standing with her two young children, both of whom were staring at a copy of Zoo Magazine in a rack above the counter.
Gracing the cover was a woman in a tiny gold bikini and one of her hands was sticking out of her crotch; contradicting Nowra's assertion that it is only Aboriginal parents who expose their children to sexual imagery.
Last year millions of Australians were sickened by the callous treatment of Dianne Brimble. Nowra would probably argue that such incidents are aberrations in mainstream society, but the value of such sentiments is questionable.
Last week Nowra appeared on Lateline. The interview concluded with the following exchange between Nowra and Tony Jones:
TONY JONES, PRESENTER: A final quick question. Our own experience has indicated that you're going to open up a can of worms here, you'll face severe criticism, create a debate and be attacked by the National Indigenous Times and their barrackers almost certainly, are you prepared for that?
LOUIS NOWRA, AUTHOR AND PLAYWRIGHT: Yes, I am prepared for that because the most crucial thing is to actually save these children.
Perhaps, the question was a little personal on Jones' part, but his choice of metaphor was at least accurate. Indeed, Nowra has opened a can of worms, but for reasons not discussed during the interview. In particular, how can an essay that proposes no genuine solutions save anything other than Nowra's writing career?
And how can a man who failed to discharge his own ethical responsibility to take allegations of child sexual assault to the authorities, act as a moral beacon to others?
forum@nit.com.au
* Nicole Watson is a regular columnist for NIT. She is also a Murri lawyer and a senior researcher with the Jumbunna Indigenous House of Learning at the University of Technology Sydney.
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