Via the Sydney Morning Herald:
The Greens have called for District Court Judge Garry Neilson to be referred to the powerful Judicial Commission for his comments comparing incest and paedophilia to homosexuality.
But Attorney-General Brad Hazzard has refused to be drawn on the controversy, saying he does not want to prejudice an upcoming trial.
Fairfax Media today reported Judge Garry Neilson has said just as gay sex was socially unacceptable and criminal in the 1950s and 1960s but is now widely accepted, “a jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now ‘available’, not having [a] sexual partner”.
He also said the “only reason” that incest is still a crime is because of the high risk of genetic abnormalities in children born from consanguineous relationships “but even that falls away to an extent [because] there is such ease of contraception and readily access to abortion”.
Judge Neilson made the extraordinary and bizarre comments in April in the case of a 58-year-old man, known for legal reasons as MRM, who is charged with repeatedly raping his younger sister in the family’s western Sydney home in 1981.