Neo-Nazi claims alleged 'rape' threat was actually art
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A neo-Nazi leader claims he was employing a “philosophical term of art” when he allegedly directed supporters to “rhetorically rape” a federal politician.
The National Socialist Network mouthpiece is accused of calling on his supporters to “rhetorically rape” the parliamentarian in a post on an encrypted online platform.
Davis was arrested in November last year after he allegedly sent a menacing message which encouraged hate and abuse towards Spender.
Davis was arrested in November last year after he allegedly sent a menacing message which encouraged hate and abuse towards Spender. (Australian Federal Police)

Following a rally outside the New South Wales parliament on November 8, police claim that a threat was made against MP Allegra Spender after she criticized the event. The rally had been permitted by police, yet Spender’s condemnation reportedly provoked the alleged threat.

However, the defense for the accused, represented by barrister Sebastian De Brennan, presented a different perspective regarding the social media post in question. De Brennan contended that there is a plausible, non-threatening interpretation of his client Davis’s online remarks.

In today’s proceedings at the Downing Centre Local Court, De Brennan sought bail for his client, Davis, who has been detained for almost two months. To bolster his argument, De Brennan submitted various documents, including a sworn affidavit, to the court.

Independent Wentworth MP Allegra Spender.
Independent Wentworth MP Allegra Spender. (Alex Ellinghausen)

“The affidavit includes literature that, in my view, clarifies that what was posted on social media is a recognized philosophical term,” De Brennan explained, aiming to contextualize Davis’s comments.

The urgency of the bail application was underscored by De Brennan, who pointed to changes in Davis’s circumstances and the ongoing delays as critical factors. Meanwhile, the crown prosecutor acknowledged these delays but highlighted that a comprehensive brief of evidence was scheduled for delivery to De Brennan today.

While the crown prosecutor acknowledged there had been delays, she said a substantial brief of evidence was due to be served on De Brennan today.

The magistrate noted the court was overloaded with 680 matters and would not be able to deal with Davis’ bail application, instead adjourning it to be heard tomorrow.
Legislation set to be debated in parliament next week would give the government powers to prescribe hate groups that currently fall below terrorist listing thresholds.
The neo-Nazi organisation announced it would dissolve to avoid past and present members being prosecuted for recruiting people to spread racial hatred.

Organisers, supporters and recruiters of listed groups face a maximum of 15 years in prison under the proposed laws while members face seven.

Support is available by calling Lifeline on 13 11 14 or beyondblue on 1300 22 4636.

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