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| Judge compares offensive Facebook posts to football in sentencing Sydney man | Judge compares offensive Facebook posts to football in sentencing Sydney man |
| (25 days later) | |
| A judge has convicted a Sydney man of making sexually explicit comments on Facebook, likening online abuse to a game of football in which he went too far. | A judge has convicted a Sydney man of making sexually explicit comments on Facebook, likening online abuse to a game of football in which he went too far. |
| Zane Alchin, 25, from Caringbah, was sentenced to a 12-month good behaviour bond for using a carriage service to menace at the Downing Centre local court in Sydney on Friday. | Zane Alchin, 25, from Caringbah, was sentenced to a 12-month good behaviour bond for using a carriage service to menace at the Downing Centre local court in Sydney on Friday. |
| Alchin posted 55 comments to Facebook over two hours one afternoon in August 2015. Comments included that feminists “don’t get any action, so when you rape them it feels 100 times tighter”. Many were targeted at Paloma Brierley Newton, 24, who reported him to police. | Alchin posted 55 comments to Facebook over two hours one afternoon in August 2015. Comments included that feminists “don’t get any action, so when you rape them it feels 100 times tighter”. Many were targeted at Paloma Brierley Newton, 24, who reported him to police. |
| The sentencing judge, William Pierce, held that the comments did not amount to threatening rape. | The sentencing judge, William Pierce, held that the comments did not amount to threatening rape. |
| He explained his line of thinking to Alchin with a football analogy. | He explained his line of thinking to Alchin with a football analogy. |
| “If you’re on the football field, you consent to a few bumps, so a few mildly explicit comments, in this analogy … your sexually explicit comments were the equivalent of socking someone in the jaw with a right hook. | “If you’re on the football field, you consent to a few bumps, so a few mildly explicit comments, in this analogy … your sexually explicit comments were the equivalent of socking someone in the jaw with a right hook. |
| “You overdid it.” | “You overdid it.” |
| “I’ve always accepted that,” interjected Alchin. | “I’ve always accepted that,” interjected Alchin. |
| Alchin’s lawyer, Sophie Walsh, did not dispute that his comments were “highly offensive” but said he had been “shamed and humiliated” after the case received media attention. | Alchin’s lawyer, Sophie Walsh, did not dispute that his comments were “highly offensive” but said he had been “shamed and humiliated” after the case received media attention. |
| He “absolutely denied” he had threatened to rape, said Walsh. His comments had been made to many with the intention of being deliberately offensive after a Facebook post made by his friend, Chris Hall, had sparked heated debate online. | He “absolutely denied” he had threatened to rape, said Walsh. His comments had been made to many with the intention of being deliberately offensive after a Facebook post made by his friend, Chris Hall, had sparked heated debate online. |
| Walsh said Alchin had drunk half a bottle of bourbon when he made the comments, which she said were in defence of Hall, and woke up the next morning immediately remorseful. | Walsh said Alchin had drunk half a bottle of bourbon when he made the comments, which she said were in defence of Hall, and woke up the next morning immediately remorseful. |
| He had received a “great deal” of threats since the case received media attention, making him “the poster boy for the most vile trolling”, said Walsh. | He had received a “great deal” of threats since the case received media attention, making him “the poster boy for the most vile trolling”, said Walsh. |
| She said Alchin had been diagnosed with anxiety and depression following the charge. His girlfriend, who appeared with him and two other supporters at court on Friday, had reportedly taken time off work for fear of harassment. | She said Alchin had been diagnosed with anxiety and depression following the charge. His girlfriend, who appeared with him and two other supporters at court on Friday, had reportedly taken time off work for fear of harassment. |
| “He’s meant to be the face of trolling when in actual fact it was a couple of hours out of an afternoon of a young man’s life who was of completely good character until that time,” Walsh said. | “He’s meant to be the face of trolling when in actual fact it was a couple of hours out of an afternoon of a young man’s life who was of completely good character until that time,” Walsh said. |
| “The irony is, he has become a far greater victim to the crime that he was pleading guilty to.” | “The irony is, he has become a far greater victim to the crime that he was pleading guilty to.” |
| Amir Assaad, representing the police, recommended that Alchin be convicted, and that his intoxication was not a factor: “Abuse directed towards a woman is not acceptable behaviour.” | Amir Assaad, representing the police, recommended that Alchin be convicted, and that his intoxication was not a factor: “Abuse directed towards a woman is not acceptable behaviour.” |
| The sentencing judge, William Pierce, agreed with Walsh that Alchin had not intended to act on his comments and was not threatening rape. | The sentencing judge, William Pierce, agreed with Walsh that Alchin had not intended to act on his comments and was not threatening rape. |
| “There was a vast overreaction by people – including Paloma [Brierley Newton], obviously, but lots of people – who have caused you to experience a great deal of pain, which you didn’t deserve for that.” | “There was a vast overreaction by people – including Paloma [Brierley Newton], obviously, but lots of people – who have caused you to experience a great deal of pain, which you didn’t deserve for that.” |
| But he added that some of Alchin’s comments were “extremely offensive … very explicit”. | But he added that some of Alchin’s comments were “extremely offensive … very explicit”. |
| Pierce said that there was a “whirling maelstrom of hate and all sorts of unpleasantness, which circulates on the net and institutions like Facebook”. | Pierce said that there was a “whirling maelstrom of hate and all sorts of unpleasantness, which circulates on the net and institutions like Facebook”. |
| Pierce concluded that a conviction was necessary to deter others: “Less you,” he told Alchin, “because obviously you’ve learned your lesson, big time.” | Pierce concluded that a conviction was necessary to deter others: “Less you,” he told Alchin, “because obviously you’ve learned your lesson, big time.” |
| He sentenced Alchin to 12-month good behaviour bond. The maximum sentence for using a carriage service to menace, harass or offend is three years’ imprisonment. | He sentenced Alchin to 12-month good behaviour bond. The maximum sentence for using a carriage service to menace, harass or offend is three years’ imprisonment. |
| A Central Coast chiropractor who posted racist and abusive comments on the Facebook page of the former Northern territory senator, Nova Peris, was recently handed an eight-month suspended sentence for the same charge. | A Central Coast chiropractor who posted racist and abusive comments on the Facebook page of the former Northern territory senator, Nova Peris, was recently handed an eight-month suspended sentence for the same charge. |
| Alchin made the “rock-on” gesture as he left court. | Alchin made the “rock-on” gesture as he left court. |
| Advocacy groups for ending violence against women have praised the conviction. | Advocacy groups for ending violence against women have praised the conviction. |
| Research from Our Watch and Plan International Australia found 70% of young Australian women aged between 15 and 19 believed online harassment and bullying to be endemic. | Research from Our Watch and Plan International Australia found 70% of young Australian women aged between 15 and 19 believed online harassment and bullying to be endemic. |
| Siobhan McCann, the policy manager for Plan International Australia, said the majority of girls and young women received some sort of online abuse every day, but only one in three said they would report it. | Siobhan McCann, the policy manager for Plan International Australia, said the majority of girls and young women received some sort of online abuse every day, but only one in three said they would report it. |
| “We wonder if this is because young women don’t feel supported by the legal system. | “We wonder if this is because young women don’t feel supported by the legal system. |
| “We hope today’s small victory sends a message that abusing women in the digital space is just as legitimate a crime as abuse on the street or at home. And we hope trolls will take note that they can be charged and tried for it.” | “We hope today’s small victory sends a message that abusing women in the digital space is just as legitimate a crime as abuse on the street or at home. And we hope trolls will take note that they can be charged and tried for it.” |