A 52-year-old Victorian man has been sentenced to four and a half years in prison after orchestrating a deceitful plan that led his wife to travel to Sudan, where he subsequently took their children and her passport back to Australia, leaving her behind.
Following a trial in the county court, this man made history in April by becoming the first individual in Victoria to be convicted of exit trafficking. This serious crime involves coercing, threatening, or tricking someone into leaving Australia against their will.
Despite facing the charge, the accused pleaded not guilty and claimed he had not deceived his wife, who was left alone in Sudan for a harrowing 16 months. It is important to note that, for legal reasons, her identity remains undisclosed.
Judge Frank Gucciardo remarked that the man’s actions “required a degree of planning” and stated, “You treated her as a chattel that could be simply discarded.” He emphasized the significant emotional impact, saying, “She was grief-stricken and traumatized by the departure of her children with you.”
The man is required to serve a minimum of three years and three months in custody before he can apply for parole.
During his appearance in the Melbourne county court on Tuesday morning, dressed in a grey jumper and beige pants, Gucciardo highlighted that the man deliberately misled his wife regarding her visa status, leading her to believe she had the right documentation for their return to Australia during their trip to Sudan in September 2014.
Gucciardo stated, “What you had not told her was, in June 2014, you had withdrawn the visa, and her application for a visa would be under threat.” The man had misrepresented the trip as a holiday before departing Sudan with their two young children, both under the age of two, while leaving his wife stranded for an extended period.
The judge noted that the woman was misled to the extent that she would not have left Australia had she known the true nature of her visa situation.
After being abandoned, the woman sought help from the Australian embassy in Egypt, where she discovered that her visa had indeed been cancelled. With the support of legal aid and assistance from migration services, she eventually received a temporary visa from the Department of Home Affairs, enabling her to return to Australia at the end of February 2016.
Gucciardo acknowledged that while the man was a well-educated and community-minded individual, the seriousness of the crime was considerable. He expressed concern over the man’s lack of remorse and understanding of his actions but noted the potential for rehabilitation if he addressed his behavior.
During a pre-sentencing hearing in July, the man’s former wife expressed the profound distress of being separated from her children, describing it as “the most devastating experience of my life.”
In a heartfelt letter presented to the court, she revealed that her children experienced “unimaginable suffering” after being taken without her consent. One child suffers from severe separation anxiety, fearing that their mother might never return when she leaves.
The defense attorney, Brett Stevens, contended that the two children were not considered victims of the crime.
The couple’s tumultuous relationship began with an arranged marriage in Sudan in 2010. The woman moved to Australia on a partner visa in 2012, sponsored by her husband. The couple welcomed their first child later that year and added a second child two years afterwards.
Eventually, the Australian Federal Police charged the man in 2022 for his actions.
In a statement on Tuesday evening, the AFP urged the public to “familiarize themselves with the potential indicators for human trafficking on the AFP website and to make a report if they suspect a vulnerable person may be at risk. You could save a life.”
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If you or someone you know is a victim of human trafficking, contact the AFP on 131 237. Information and confidential advice are also available from the Australian Red Cross, by calling 03 9345 1800 or visiting the Red Cross website.
**Interview with Legal Expert Dr. Sarah Thompson on the Recent Exit Trafficking Case in Victoria**
**Interviewer:** Welcome, Dr. Thompson. Thank you for joining us today to discuss this landmark exit trafficking case in Victoria. Can you provide us with a brief overview of the incident involving the 52-year-old man sentenced to prison for orchestrating his wife’s unfortunate situation?
**Dr. Thompson:** Thank you for having me. This case is indeed significant as it marks the first conviction for exit trafficking in Victoria. The man misled his wife regarding her visa status, convincing her to travel to Sudan under the guise of a holiday. Once there, he effectively trapped her by taking their children and her passport back to Australia, leaving her stranded for 16 months. This resulted in a lengthy legal battle for her just to return home.
**Interviewer:** The court’s remarks highlighted the emotional trauma faced by the woman. Can you elaborate on the implications of such actions on the victim?
**Dr. Thompson:** Absolutely. The judge emphasized the emotional toll on the woman, describing her as “grief-stricken and traumatized.” Being left without her children and in a foreign country significantly impacted her mental health and wellbeing. The manipulation she endured is a severe violation of trust and autonomy, and it underscores the broader issues surrounding coercion in intimate relationships.
**Interviewer:** The accused claimed he had not deceived his wife, yet the court found otherwise. How does the legal system typically approach cases involving coercion or deception?
**Dr. Thompson:** The legal system takes such allegations very seriously, especially in cases of coercion. The prosecution needs to establish that the accused knowingly misled the victim and that their consent was not fully informed. In this case, the withdrawal of the wife’s visa was a critical factor that the court found to be deliberately concealed by the accused. This kind of manipulation can lead to severe legal consequences, as we saw with the lengthy prison sentence.
**Interviewer:** The judge mentioned the potential for rehabilitation for the perpetrator. What factors contribute to an offender’s capacity for rehabilitation in such cases?
**Dr. Thompson:** Rehabilitation potential often depends on the offender’s willingness to acknowledge their wrongdoing and address the underlying behaviors that led to their actions. In this instance, the judge noted the man’s lack of remorse, which could hinder his rehabilitation process. However, programs that focus on emotional intelligence, respect, and understanding interpersonal boundaries can be effective if the individual is committed to change.
**Interviewer:** what message does this case send about exit trafficking and legal protections in Australia?
**Dr. Thompson:** This case sends a strong message that exit trafficking is taken seriously within the legal framework and that perpetrators can face significant penalties. It also highlights the importance of awareness regarding visa regulations and personal rights when traveling, especially in coercive relationships. Victims should know that there are avenues for support and legal recourse available to them.
**Interviewer:** Thank you, Dr. Thompson, for your insights. This case certainly sheds light on a troubling issue and the need for continued dialogue on rights and protections for individuals in vulnerable situations.
**Dr. Thompson:** Thank you for having me; it’s crucial we keep this conversation going.
