By ninemsn staff
Nine men who pleaded guilty to the gang-rape of a 10-year-old girl in the remote Aurukun Aboriginal community have evaded a prison term, with the sentencing judge saying the girl "probably agreed" to have sex with them.
District Court judge Sarah Bradley, who is based in Cairns, did not record a conviction against the six teenage juveniles charged over the 2005 offence and ordered that they be placed on a probation order, The Australian newspaper reports.
Three men involved who were over the age of consent, a 17, 28 and 26-year-old, were sentenced to six months imprisonment suspended for 12 months.
During the sentencing of seven of the co-accused, Judge Bradley noted "the girl involved was not forced and she probably agreed to have sex with all of you".
The girl, who is now aged 12, has been removed from the community and placed with foster parents.
"All of you understand that you cannot have sex with a girl under 16," Judge Bradley told the juveniles during sentencing.
"If you do, you are breaking the law, and if you are found out, then you will be brought to court and could end up in jail.
"I accept that the girl involved, with respect to all of these matters, was not forced, and that she probably agreed to have sex with all of you.
"But you were taking advantage of a 10-year-old girl and she needs to be protected, and the girls generally in this community need to be protected."
Judge Bradley told The Australian she considered the sentences "appropriate" as they were the penalties asked for by the Crown prosector.
"I am not in a position to comment and I refer you to my sentencing remarks," Judge Bradley said.
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