Teen Victim of Hate Crime in Sydney Wins Court Case
A teenager from western Sydney has courageously shared his story after being assaulted and then wrongfully charged by police for defending himself. The case, which stemmed from an incident of homophobic abuse, was dismissed in court, with costs awarded to the victim.
Eighteen-year-old Ben West was shopping for a Mother’s Day gift at Penrith Plaza last May when he encountered a man who hurled a homophobic slur at him. When West attempted to avoid confrontation, the man struck him in the head, prompting West to fight back. Reflecting on the incident, he recalled, "One moment you’re hanging out with your friends, and the next your life is being rocked by a hate crime."
Despite being punched multiple times and engaged in a physical struggle, West defended himself, believing he had no option but to fight back. The ordeal was traumatic for him. After reporting the hate crime to the police with his mother, he was shockingly charged with affray instead of receiving support.
In a significant turn of events, the charge was dropped in Penrith Local Court today. The magistrate noted the police had failed to contact any witnesses and relied solely on CCTV footage. She described the evidence as consistent with self-defence, emphasising that there was a clear failure to conduct a thorough investigation. The magistrate stated, "More work ought to have been done."
Ben’s lawyer, Osman Samin, expressed disappointment over how the situation unfolded, stating West had shown remarkable courage in seeking police help. Instead of assistance, he was faced with serious criminal charges.
West’s mother, Narelle, expressed immense pride in her son. She remarked on the injustice of him being treated like a criminal when he did nothing wrong, stating, "He’s such a good kid." She commended his bravery in speaking out against the injustice he faced.
Now, West wants his experience to serve as a source of inspiration for others affected by discrimination. He encourages individuals to stand up for themselves and to not allow bullies to prevail. "If we speak up and we don’t let the bullies win, then you can’t be stopped," he asserted.
West’s story highlights the challenges faced by those in the LGBTQ+ community and the necessity for greater awareness and support against hate crimes. His resilience serves as a powerful reminder of the strength found in standing up for one’s identity and fighting for justice.