Northern Tasmanian man avoids jail over sex with teenager

The man was accused of raping the girl twice and having sex with her on two other occasions, including when her mother was sleeping nearby – during one of the alleged rapes she fell pregnant.

He was charged with maintaining a sexual relationship with a young person but denied the allegations and instead claimed the couple had only had sex once and the girl had forced herself on him.

He was found not guilty by a jury earlier this month and instead found guilty of one count of having sexual intercourse with a young person.

Handing down his sentence on Thursday, Justice Robert Pearce said it was “hardly surprising” the jury had found the man guilty of one act given he had admitted to it.

Justice Pearce did not accept the man’s version of the story, however, and said he was satisfied there had been consensual sexual intercourse between the pair.

Justice Pearce said he was also satisfied it was not an isolated offence, but said the man was “not to be punished for any offence for which he has not been charged”.

The court heard the man, now 27, receives a disability support pension and suffers Attention Deficit Hyperactivity Disorder.

Justice Pearce said while it was not suggested the man suffered any mental illness, he described him as being a “naive person” and said his behaviour was not “gravely predatory” or “manipulative”.

“I think that prison would be unusually onerous for him,” Justice Pearce said.

“It is clear the complainant acted willfully .. the disparity between their ages is not large … the disparity between their maturity is even less.” 

Justice Pearce said he would be lenient in sentencing but made it clear the accused would end up in prison if he were to re-offend.

“The purpose of the law is to protect children,” he said.

The man was convicted and sentenced to 10 months in prison, wholly suspended for three years.