A SWAN Hill teen who had sex with his underage nephew, niece and another young girl on separate occasions has avoided jail.
The offender, who can’t be named for legal reasons, pleaded guilty in the County Court in Melbourne to two charges of sexual penetration of a child under 16 and two charges of indecent act with a child under 16 years.
The offending happened between March 2014 and March 2016 when the offender was aged between 14 and 16.
The first victim was born in March 2008, the second in June 2006 and the third in October 2005.
In sentencing on May 29, Judge Trevor Wraight said the first victim was travelling to Swan Hill when he sent a series of text messages to his mother on June 10, 2022.
The victim disclosed that “when I was little uncle … raped me”.
His mother reported the allegations to police the following day.
During a police interview, the victim stated the assaults occurred in the bedroom of the Swan Hill address while his father and other adults were in the home.
The victim stated that there were about 10 times where the offender made him perform sexual acts.
The victim recalled his uncle saying, “If you tell anyone about this, no one will believe him and you would bash him up”.
The allegations made by the two girls also included sexual acts.
The offender was arrested and interviewed in September 2022.
He made “extensive” admissions to most of the allegations put to him.
“During your interview you inferred that your culpability in relation to the offending was reduced due to your age and immaturity,” Judge Wraight said.
“You stated, ‘I guess a lack of … proper understanding of … the level of maturity … at that particular age … a child myself at that age should at least understand’.
“You indicated that the offending was influenced by the hardships you endured due to your mother’s poor health, your natural father’s suicide and your diagnosis of autism.”
Judge Wraight turned to the nature and gravity of offending.
“It is well established that the absolute prohibitions on underage sexual activity are founded on a presumption of harm,” he said.
“While the resolution of this matter has avoided the need for a trial, the circumstances remain exceptional, most particularly the fact that you were a child when the offences were committed which has direct relevant implications in assessing your moral culpability and in the application of other sentencing principles such as denunciation and general deterrence.
“However, the offending remains serious.
“The victims were very young and the offending spans some two years involving multiple acts.
“Further, while you were a child at the time, the evidence reveals that you nonetheless were in a position of influence over these very young children. In that regard there was a degree of trust which you took advantage of.”
Six victim impact statements were tendered on the plea.
Judge Wraight said each statement describes “the ongoing impact your offending has had on each victim and their respective families”.
“The common theme in each victim impact statement is that your offending has caused sadness, fear and uncertainty in the victims and other family members impacted by your conduct,” he said.
“The statements also convey the betrayal and breach of trust felt by each of the victims.”
The court heard the offender was exposed to pornography at age six or seven … developed a sexual curiosity and sexual feelings as early as age six.
Psychiatrist Dr Adam Deacon opines that the offender’s “early and persistent” exposure to pornography combined with being the victim of a number of sexual abusive incidents, was “likely to have contributed to the skewing of your sexual development and interfered with your morally and legally appropriate sexualised conduct”.
In sentencing considerations, Judge Wraight noted the plea of guilty, the offender’s co-operation with police and admissions in record of interview.
“I also accept that you have demonstrated a degree of genuine remorse,” he said.
“I take into account the difficulties you suffered as a child.
“You were sexually and physically abused when very young by a number of people including your half-brother and you were exposed at an early age to pornography.
“You were diagnosed with a severe speech and language disorder at age 11 and your intellect was measured to be low average.
“In recent years you have been actively engaging in mental health support services … and you continue to remain engaged with those services.
“You are working full time and there has been no further offending.
“In those circumstances, it was submitted that you have advanced your rehabilitation, which I accept.”
Judge Wraight said the offender was assessed as being a low-risk of reoffending.
He was convicted and placed on a three-year supervised community correction order and ordered to complete 300 hours unpaid community work.
