http://www.theage.com.au/national/judges-lament-on-porn-sentence-20080618-2sx3.html

Judge’s lament on porn sentence

  • Sarah-Jane Collins
  • June 19, 2008

A BIZARRE child pornography case has prompted the County Court chief to criticise the inability of judges to send offenders for treatment before sentencing.

“I find it a regrettable process that services are not available for persons such as you prior to the end of the sentencing process,” Chief Judge Michael Rozenes told Gregg Lindsay Rowbury yesterday.

Rowbury, 48, of Murrumbeena, pleaded guilty in the County Court to using a carriage service to obtain child pornography, possessing controlled child pornography and knowingly possessing child pornography.

But Chief Judge Rozenes said Rowbury’s case was complicated by his unusual and complex sexual identity.

He said forensic psychologist Dr Pamela Matthews diagnosed Rowbury with transvestic fetishism and autogynephillia, conditions that caused him to create “sexual fantasies of being a female child in nappies”.

Chief Judge Rozenes said that he accepted that the 50,000-odd child porn images were used by Rowbury to enable him to fantasise about himself. “(Dr Matthews) said you used the pictures to build your own sexual activities,” he said. “She said you had not stopped to consider that the girls were being sexually exploited.”

Chief Judge Rozenes said he would have preferred to have sentenced Rowbury after he had completed a sex offenders’ rehabilitation program, so that he could have seen what difference it had made to his condition.

But the system does not allow judges to impose such programs on offenders prior to sentencing.

He said that when police searched Rowbury’s home they were alarmed at the state of it. They found it unfit to live in, containing buckets of faeces and urine as well as rotting and decomposing soiled nappies.

The chief judge said that although some of the images in Rowbury’s possession were of serious sexual abuse and exploitation of girls as young as five, he had not distributed or created the pictures and his use of them was different to that of most people who chose to download child pornography.

“It is not images of children that are sexually arousing but mental images of yourself as a female child … that were sexually arousing to you.”

Because of Rowbury’s diagnosis, Chief Judge Rozenes did not impose an immediate jail term.

He sentenced Rowbury to an 18-month suspended sentence and an 18-month community-based order, and ordered him to undertake a sex offenders rehabilitation course.

 

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Comments
  1. Derek philipson says:

    As a former Victorian police officer, I worked on that low life, Greg row bury for numerous serious sex and other crimes during the 90.s how these moronic judges sleep at night amaze me. This bloke is capable of anything he is extremely intelligent disguised by acting retarded. Very dangerous phsychopath

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