Young man's second conviction for sex abuse against kids
FIVE years after a 23-year-old man was convicted for indecent treatment of a six-year-old relative, that man has been sent to jail for indecent treatment of an eight-year-old relative.
The man, who cannot be named for legal reasons, pleaded guilty on Monday in Rockhampton District Court to three counts of indecent treatment of a child under 12, one of deprivation of liberty and one of failing to meet reporting obligations under the Child Protection (Offender Reporting) Act 2004.
Crown prosecutor Molly Mahlouzarides said the defendant was sentenced in August 2014 for rubbing his penis against the vagina of a six-year-old female relative, over clothing.
He received an 18-month prison term and was released on parole after serving six months.
Because of this conviction, he was required by law to report certain things, but failed, including a new phone number, attend police station for reporting and signing up for online dating.
Ms Mahlouzarides said in this latest offending, the defendant attended the victim's family home for a short sleep.
She said the victim's mother was getting the children ready for a trip to Rockhampton when the defendant went outside and lured the eight-year-old female relative to him before carrying her to a nearby creek.
Ms Mahlouzarides said at the creek, he pulled both his and her pants down and rubbed his penis against her vagina while she was still wearing underpants.
She said he rubbed his penis against her mouth at one point.
"He covered her mouth when she tried to scream for help," Ms Mahlouzarides said.
"His DNA was found inside and outside of her underwear."
The court heard the girl's father noticed the pair missing, contacted police and family who immediately sent out search parties.
The defendant and the girl were located by family coming back from the creek, with the girl running up to her father and saying she was raped.
The family members assaulted the defendant before police arrived.
Judge Alexander Horneman-Wren said the defendant's offending was very serious and troubling.
"It is troubling that you encouraged her to come to where you were and took her away down to the creek bank," he said.
"No doubt, she was very frightened."
He referred to the victim impact statement by the girl's mother which stated the girl's personality and behaviour had changed.
"These fleeting moments of your offending have potential life consequences for her," Judge Horneman-Wren said.
Ms Mahlouzarides said pre-sentence reports and psychological reports showed the defendant has an extremely low range of intelligence with a mental age of 10.4 years.
He has been deemed a medium to high risk of re-offending.
The court also heard both sets of offending against the girls occurred while he was intoxicated and high on marijuana.
Defence barrister Ross Lo Monaco said because of the defendant's cognitive difficulties, he struggled to understand or remember the reporting requirements.
"There are going to be steps made to avoid these problems in the future," he said.
Judge Horneman-Wren declared 500 days pre-sentence custody, ordered the defendant to 2.5 years prison, suspended after those 500 days and operational for three years.
He also sentenced the defendant to a three-year probation order.