Australian Charged For Son's Alleged Holiday Sex With Prostitute On Koh Samui

[briboy]

Why isn't the prostitute charged with having sex with an underage person? That is the real crime.

If it was a male prostitute shagging a 13 year old girl then all hell would break loose against the guy.

Probably hard to get a conviction as they would have to get the prostitute to testify and that may not be easy. Then all she could do was say they had sex.

It is the son that will have to say his father paid for it. So basically up to the son to get his father locked up. Can't see that happening.

That's actually a good point. What evidence do they have where the father "caused" the boy to have sex? Is the hooker going to testify?

If it's the boy getting some type of revenge, are they taking his word for it?

Many questions and unfortunately the story will die after today and we won't hear more about this.

don` think so, the courier mail will keep follpwing it as it unfolds, you can put your left 1 safely on that

[Konini]

The Courier Mail article states the father was arrested for assaulting his son, sounds like revenge by the son

He would be liable for the sexual assault which was committed on the boy at his (the father's) behest.

[Card]

Did the hooker pay his son for sex? How did the authority get wind of this information? Probably going through a divorce.

i think he was bragging about it. probably did not know he could get 20 years. bloody hell if i was offered this at 13 i would have jumped at the chance. silly laws.

question is was he forced to go with her or did he want to go and he ask for the money off his dad. did anyone ask the kid if he enjoyed it??? if so then who is the victim????

There you go. As long as it is a boy with a woman, it must have been alright, fun, growing up thing, enjoyable etc etc. If it had involved any other combination then people like you would be up in arms, braying for the death penalty. Kids below 16 years old cannot by law consent to have sex, at least with anyone above 16 in most western countries. It is statutory rape on the part of the prostitute and abetting this by the father. The kid doesn't have a say in it, otherwise anyone who has sex with a kid can claim consent.

[Tatsujin]

mmmmm . . . and when is the hooker going to be charged for child abuse also? Stupid <deleted>$%ing country.

[simple1]

The Courier Mail article states the father was arrested for assaulting his son, sounds like revenge by the son

based on absolutely no fact whatsoever. well done

From the Courier Mail article "The man, who cannot be named, was also charged with assaulting his son causing bodily harm on Brisbane's bayside in February this year" Sure my comment was pure speculation, but tell me how you think the Australian police became aware of this allegation.

Edited April 4, 2013 by simple1

[Konini]

This is probably not going to make me the most popular girl in the class.

What's the damage? The young bloke got all young blokes want, didn't he? For Free! Don't you wish your dad had been so considerate?

Sexual assault is sexual assault. We wouldn't be having this discussion if it had been a daughter not a son.

What? Shock horror! Fact: Boys get sexually abused. Fact: By women. Nasty incident where a friend of the family is involved, very unpleasant little business. She forced herself onto him, he was freaked out but was really scared and managed to do what comes naturally and get out. Rape, pure and simple. Major psychological issues and treatment for the last several years and no doubt for the rest of this good-looking and potentially brilliant (member of MENSA) young man's life.

A friend once got drunk and told me his father had taken him to see a prostitute on his 16th birthday without prior discussion. It was not something he wanted or needed at the time and I'd don't need to be a psychologist to know that his complex relationship with his father has and will never recover from this. He wasn't gay, he just wasn't mature enough to have sex. He hadn't started bothering with girls - maybe this is why his father did it, to push him along a little. Turn his boy into a man. Later, at university, he met little miss perfect but he was unable to have sexual relationship with her. This eventually led to them both to question his sexuality, and that in turn led to years of self searching on his part because he'd really loved this girl but couldn't have sex with her. He's still single, never married and no children which he really regrets. This girl who he met as a young adult could have been the love of his life. They could still now have had a perfect life and produced the next Einstein Or they could have had a nasty divorce followed by several more failed marriages. He'll never know though, because his father gave him a hang up about sex which really has ruined his life. If only we knew at 20 what we know at 50.

As to the crime, this man is alleged to have broken the law - specifically the law that protects children under the age of 16 years of age (from being engaged in sexual activity). It is a crime to conspire to break the law, meaning he will liable to be charges arising out of the actions which were carried out by his co-conspirator; the perpetrator of the act who is the prostitute. The police could charge the prostitute as well, however that prosecution wouldn't be in anyone's interest. It would also be a lot more trouble than it would be worth, with courts tied up, extraditions etc and is unnecessary. A simple prostitute would never be charged under this particular law. It was the father who instigated the conspiracy so he's the one they want.

Edit: Spelling

Edited April 4, 2013 by Konini

[Markaew]

They use video evidence in Qld so don't have to bring the witness over.

But still, it all hangs on the boy's evidence. I think after a little time he will see how much this will destroy the family and just say he paid for it himself.

Another issue is the 'intent' of the law. I think the charging of this guy under those laws is outside the intention for which those laws were written.

In the end I think the charges will be reduced to something state based instead of the child prostitution laws.

What video evidence could they have? The boy entering a room with a hooker? Maybe she gave him a massage.

I guess they could have a video interview with the alleged prostitute attesting to the fact that 1. the act occurred with the said boy and 2. that the father paid for the service. But the whole thing sounds rather dubious from an evidentiary point of view: child evidence, no opportunity to cross-examine a video witness, assuming there is one, questionable motives in the light of assault charges against the father. More likely that the case will fizzle away.

And what about the the credibility of the hooker/masseuse's testimony? I suppose that's where the lack of cross examination enters from what you are saying.

[pizzachang]

Wow! If Australia can prosecute Australians for crimes not committed on Australian soil, the police will have to hire lots of extra officers & prosecutors to keep up.

[lee b]

His father allowed it ?? At 13 ? i sometimes dont belive everything i read. Some of the sex workers are so desperate forr cash they will go with anyone ! And is it not true that kids are looking older and older these days. And at the end of the day he was on his hols haha

[Konini]

It should also be noted that the man is also charged with assaulting his son causing bodily harm in a separate incident 5 months later.

Regardless of whether or not there is a conviction, the Thai police can also prosecute him should there be inclined to do so.

The Thai bit is is going to be an interesting one to follow from a legal view.

[goatfarmer]

They use video evidence in Qld so don't have to bring the witness over.

But still, it all hangs on the boy's evidence. I think after a little time he will see how much this will destroy the family and just say he paid for it himself.

Another issue is the 'intent' of the law. I think the charging of this guy under those laws is outside the intention for which those laws were written.

In the end I think the charges will be reduced to something state based instead of the child prostitution laws.

What video evidence could they have? The boy entering a room with a hooker? Maybe she gave him a massage.

I guess they could have a video interview with the alleged prostitute attesting to the fact that 1. the act occurred with the said boy and 2. that the father paid for the service. But the whole thing sounds rather dubious from an evidentiary point of view: child evidence, no opportunity to cross-examine a video witness, assuming there is one, questionable motives in the light of assault charges against the father. More likely that the case will fizzle away.

And what about the the credibility of the hooker/masseuse's testimony? I suppose that's where the lack of cross examination enters from what you are saying.

Well, credibility of a witness and opportunity to cross examine are separate issues going to the weight of evidence. Credibility goes to the question of whether or not she is likely to be telling the truth. Given the fact that her evidence would be self-incriminating, if it corroborated that of the alleged victim, it is difficult to imagine that she would tell the truth without equivocating and compromising her credibility. I'm sure the defence would be onto that.

[comserve]

Did the hooker pay his son for sex? How did the authority get wind of this information? Probably going through a divorce.

i think he was bragging about it. probably did not know he could get 20 years. bloody hell if i was offered this at 13 i would have jumped at the chance. silly laws.

question is was he forced to go with her or did he want to go and he ask for the money off his dad. did anyone ask the kid if he enjoyed it??? if so then who is the victim????

I wonder if the prostitute get's a prison sentence for being with a underage boy?

Who said the bar girl wasn't underage as well??

[BookMan]

Most likely the kid himself posted it all over his FB, tweeted his adoring fans and texted his friends while in the middle of doing the sexual act.

Probably the info was passed on from there to the relevant authorities If the son is anything like the Father, we are not dealing with criminal geniuses here

[NanLaew]

The Courier Mail article states the father was arrested for assaulting his son, sounds like revenge by the son

based on absolutely no fact whatsoever. well done

From the Courier Mail article "The man, who cannot be named, was also charged with assaulting his son causing bodily harm on Brisbane's bayside in February this year" Sure my comment was pure speculation, but tell me how you think the Australian police became aware of this allegation.

It looks like they have chav's in Australia too. So a couple of questions spring to mind.

1- What are the Aussie equivalent of chav's called?

2- Why so much debate about Antipodean chav's and what they get up to?

[Morakot]

texted his friends while in the middle of doing the sexual act.

Would there be more than the usual charges for doing this?

Edited April 4, 2013 by Morakot

[fire and ice]

One legal arguemnt is that 16 is the age of consent

In Austrlaia I'm pretty sure 16 is the "age of consent" in all states and applies ot dmioestic cases (although this is federal law).

This merely means that you need parental consent to have sex under 16

As this was his parent consent was obviosuly implied.

But not sure where the line is drawn that consent is not even alowed and also how this factors into the federal law.

[Morakot]

This merely means that you need parental consent to have sex under 16

That's not a defence in Australia.

Edited April 4, 2013 by Morakot

[Amras]

Did the hooker pay his son for sex? How did the authority get wind of this information? Probably going through a divorce.

i think he was bragging about it. probably did not know he could get 20 years. bloody hell if i was offered this at 13 i would have jumped at the chance. silly laws.

question is was he forced to go with her or did he want to go and he ask for the money off his dad. did anyone ask the kid if he enjoyed it??? if so then who is the victim????

Who is the victim?

Having your father pay someone to have sex with you (or being used by your father for some retarded rite-of-passage joke) at the age of 13 could leave one or two psychological time-bombs on board the kid's mind. That aside, if the hooker brought along a surprise package of STDs, including the big HIV gift that keeps on giving, who knows what his immune system is capable of coping with.

Even if the kid asked for it or claimed he enjoyed it, there are reasons why someone that age cannot be assumed to have had mutually consensual sex with some adult and there are reasons why some people go bonkers in later life claiming they were unhinged by childhood abuse.

This story and 90% of posts just make me sick. "Did he enjoy it"..."lucky kid" - are you people for real? A 13 year old is a delicate mind and one way to show your boy how to treat women like objects is to do this. He gets what's coming to him and I hope the kids learns and repairs from his father's misgivings.

To both of the above...we don't know the age of the girl, we don't know how old the boy looks (he may look 16).

To assume they are damaged is well...you are a bit behind the times. Now , 50% of people at 16 are having intercourse, many from 13 and younger are engaging in oral sex, by choice!.

http://www.theage.com.au/multimedia/lifeat15/sex_mcg.html

They are not being forced to do this. Society has changed, teenagers aren't so innocent anymore, due to the media and the internet.

Was it right...probably not. Do we know the full story...I doubt it. Could the son have been so distraught that everyone of his friends had 'done' it or had been doing things, and he wanted to try it... a possibility.

It's such a strange story, without knowing all the details it's hard to make a real judgment.

But don't for one second think that 13-16 years old's are innocent anymore.

I'd rather my children (when I have them one day), be having sex and doing it safely than taking drugs and getting drunk, which many of them that age are already starting at. That's more scary to me, that causes physically and neurological brain damage that's irreparable.

[raybal5]

Wow! If Australia can prosecute Australians for crimes not committed on Australian soil, the police will have to hire lots of extra officers & prosecutors to keep up.

Darling, sorry to pop your bubble but yes there are a number of special laws that make certain acts by Australian citizens overseas illegal. For example bribing officials of a foreign sovereign nation, or arranging or being involved in the importation of banned substances, and yes even being involved in sex tourism which is the law this guy is charged under. If you really want to know more, find out what laws the Federal Police enforce rather than the state police.

Of course Australian law doesn't cover what you might consider "normal" crimes like assault, murder, or whatever. They leave that up to the authorities in the country the offences were committed.

[raybal5]

This merely means that you need parental consent to have sex under 16

That's not a defence in Australia.

Morokat is correct. fire and ice - sorry mate but you are not correct. Ain't nobody can give consent for under 16 to have sex with an adult.

There are some exceptions where having sex with under 16's might be legal (it varies from state to state) but only if the other person is within a few years of their age.

See http://www.aifs.gov.au/cfca/pubs/factsheets/a142090/ for more details

[Cardiff1963]

Did the hooker pay his son for sex? How did the authority get wind of this information? Probably going through a divorce.

The victims are the children these "silly" laes protect.

i think he was bragging about it. probably did not know he could get 20 years. bloody hell if i was offered this at 13 i would have jumped at the chance. silly laws.

question is was he forced to go with her or did he want to go and he ask for the money off his dad. did anyone ask the kid if he enjoyed it??? if so then who is the victim????

[Cardiff1963]

Didn't occur on Australian soil so its no-one else business in oz what happened ...the country is too over politically correct.

I think i was 13 my first time ...the girl 19, my dad told me to get out there and grab it while you can so i did ...maybe he should be prosecuted too?

Surely there are more serious issues to deal with for what goes on within Australia such as all the illegals entering the country bringing in even more relatives living better than the locals and supported by local taxpayers plus the disfunctional government be held accountable for ruining the country and so many businesses that have gone south recently and then pay these politicians huge retirement packages annually for the rest of their lives.

Instead of focusing on real justice we focus on a 13 year old who got his rocks off ..........high 5 bro !!!!!!

Well, you had to be an illegal to get there once, don't think the "locals" were that impressed then. Edited April 4, 2013 by Cardiff1963

[Dap]

The Courier Mail article states the father was arrested for assaulting his son, sounds like revenge by the son

He would be liable for the sexual assault which was committed on the boy at his (the father's) behest.

Well, I guess that is another way of looking at it and ... I'm guessing the DA would agree.

[Thaifever]

What a waste of time.

[Konini]

The Courier Mail article states the father was arrested for assaulting his son, sounds like revenge by the son

based on absolutely no fact whatsoever. well done

From the Courier Mail article "The man, who cannot be named, was also charged with assaulting his son causing bodily harm on Brisbane's bayside in February this year" Sure my comment was pure speculation, but tell me how you think the Australian police became aware of this allegation.

It looks like they have chav's in Australia too. So a couple of questions spring to mind.

1- What are the Aussie equivalent of chav's called?

2- Why so much debate about Antipodean chav's and what they get up to?

Chav used to pretty much be equated to Bogans, but there is new new underclass which has recently emerged - bogans with a bit of money (usually tow truck drivers, plumbers, electricians - you know, the tradies who you think are joking when they tell you their emergency call out fee. Often found living in hideous McMansions on quarter acre blocks in the outer western suburbs and buying their way into the business class lounges at airports.

From the cut of the suit, the length of visible hair and lack of visible skin inkings, I'd say regular upper working/lower middle class rather than a bogan.

But we have to remember that this is a serious subject.

[Konini]

What a waste of time.

A man not only allowed, but arranged for his child to be sexually assaulted and is now being taken to court for it. What individual components of that are a waste of time?

[Locationthailand]

This is all about onus of proof. The boy is underaged - a minor - by Westminster law, and most likely cannot be charged. The prostitute will need to give video evidence (if that is what the OP is referring to) and yes that is admissible in Law. The inability to cross examine leaves the adjudication open to ridicule and could be torn down easily given the oral ability in truth of Thai prostitutes. Then it would have to be the boy making the claim of solicitation by the father etc. I think the Queensland Attorney Generals Department will not have an easy task on this unless the boy turns witness against his father, but then this still is hearsay and what proof? I doubt the case can hold water.

[AnotherOneAmerican]

The western justice systems usually chase paedophiles all over the world in an attempt to catch and punish them.

My question is, why is the woman who committed the offence of molesting this child not in jail?

[notmyself]

It is better to have loved and lost than to have paid for it and not liked it.

[Card]

For those who think a 13 yo boy having sex with a whore is a great idea, I ask these questions:

1. What if the kid was a 13 yo girl (or equivalent in mental age with a 13 yo boy, as girls mature earlier than boys, was only 11 or 12) having sex with say a man off the street?

2. What if the boy was gay and he wanted and had sex with a man, again off the street?

Would these be alright with you and if not, why not?

3. No-one has questioned the health issues of this incident, although some have touched on the possible mental health problems that may result. What about unprotected sex with a hooker? Who was present to ensure safe sex was carried out - suppose the kid caught HIV or other STD - that's a life sentence and although daddy might have insisted on it, is a 13 yo really aware of the health risks involved as most kids that age think they are immortal.