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Two girls who wrongly accused a man of being a rapist and beat, stabbed and shaved him have avoided more time in custody after they were sentenced in the ACT Supreme Court.
Key points:
- The girls forced the man to shower, stabbed him with a needle, shaved him and cut his hair
- The court heard there was no evidence the man was responsible for any sexual assault
- The teenagers were given nine-month suspended sentences, as a chance to turn their lives around
The girls were 15 and 17 at the time of the attack.
The court heard they had been smoking ice, when, for an unknown reason, they concluded that the man who lived in a nearby unit was a rapist, and decided to act.
The pair went to his home and forced him to sit with his hands on a table, before one of them hit the table in the middle with a small axe.
The man's hands were then tied behind his back and one of the girls stabbed him with a needle.
When the man tried to run away, the pair caught him and took him to the bathroom of another unit.
He was punched and kicked and made to take a shower, before the girls shaved him and cut his hair.
In his judgment, Justice Michael Elkaim noted one of the girls recorded the events in the bathroom.
"The recording reveals that [one of the girls] told him that she was going to stab him," he said.
"She put a pair of scissors to his throat and continued to punch and kick him."
Justice Elkaim said there was no evidence the man was responsible for any sexual assault.
"I have no doubt that [the man] was terrified throughout his ordeal and will suffer the psychological consequences for some time," he said.
"His fear is evident in the short mobile recording I was shown."
Pair given chance to 'leave crime behind'
Both girls pleaded guilty to unlawfully confining the man.
The younger teenager has already spent several months in custody. The court heard she had suffered serious mental health problems.
The court also heard the older girl was pregnant.
Justice Elkaim imposed a nine-month sentence on each, but suspended both sentences immediately.
"The overwhelming reasons behind my approach are that these two young people must be given every opportunity to put their lives in order, to leave crime behind them and to live in society as decent and contributing members of society," he said.
The judge said the younger girl must be given the chance to have her mental health problems assessed and treated, and her co-accused must be placed in a position where she can provide her child with a safe and secure upbringing.
Both will serve 12-month good behaviour orders.
Topics: assault, crime, law-crime-and-justice, courts-and-trials, canberra-2600, act