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The couple were both devout Muslims. In , the then year-old girl came to the attention of NSW Secretary of Family and Community Services when she told a counsellor at her faith-based private school in Sydney that she had been sexually abused by her stepfather since mid She and her younger half sister were removed from the family home in the Sydney suburbs four days later. Her mother refused to believe her, instead siding with her husband, and took the New South Wales Families Minister to court to try to prevent her daughter from being allowed to leave the state.
The presiding judge, Justice J Lindsay, said in a written decision the girl's mother "did not, and does not, believe her but has sided with the stepfather in denying that she was sexually abused at all and in contending that her complaint is a fiction without foundation".
She is too thoroughly convinced of his rectitude and her daughter's propensity to lie to acknowledge any truth in her daughter's complaint. Police investigated her complaint but did not proceed with prosecution, citing a lack of additional supporting evidence to confirm the girl's allegations. In a statement to the court, the stepfather claimed that the complaint was a retaliation for an attempt to discipline her for sending "nude" photographs of herself to an older teenage boy.
But the court found no evidence that any such photographs existed. He also claimed that if the girl was allowed to move to New Zealand on the basis that he has sexually abused her, and their community comes to regard him as a sexual abuser of children, his personal safety may be at risk. A study from the the Washington University Child Guidance Centre in the United States found around one in five mothers choose not to believe their children when abuse allegations arise.
Key factors in a mothers' acceptance of reported abuse were the child's age and the relation of the offender to the child, the study found. Auckland-based Kidz Therapy director Marie Kelly said the young girl would be feeling betrayed, confused, and likely blaming herself for what had happened. So it is like she is being punished for telling the truth; now she has to move back to New Zealand, remove herself from existing relationships, social groups, school and rebuild her life.