A convicted child rapist in Western Australia will spend additional time behind bars after admitting to repeatedly raping and recording his 15-year-old girlfriend when he was 23 years old.
Details of the Offending
The man, whose identity is suppressed to protect the victim, pleaded guilty to 14 counts of sexually penetrating the teenager and nine counts of indecently recording her, along with one count of possessing child exploitation material. The crimes occurred in two towns in the Goldfields-Esperance region between June and November 2023, while the man was on bail for similar offences against the victim and her sister.
Sentencing and Additional Time
The now 26-year-old was sentenced in the Esperance District Court earlier this month. He received an additional 12 months on top of the sentences already imposed for similar offending against the girl and her sister, bringing his total imprisonment term to six years and one month. He will become eligible for parole in late 2027.
The court was informed that the man was not considered a "predator" because the victim in these offences was a "willing participant." The pair had been in a consensual relationship and now share a child together.
Judge's Remarks
Judge Gary Massey acknowledged that while the term "willing participant" was used, the victim was still underage and legally incapable of giving informed consent. "I accept that there's no element of abuse here," Judge Massey stated. "By that, I mean you haven't had to force her into doing something she didn't want to do, you haven't groomed her. This is not a case where you could be described as a predator."
However, he emphasised that legislation exists to protect children both from those who prey on them and from themselves. "Because they don't really have the life skills and experience to be able to deal with these sorts of more adult matters," he explained.
Judge Massey noted that the offending was aggravated by the fact that the man recorded many of the sexual interactions, and that he was on bail with a condition not to approach the victim. "Recording the incidents means there's always a risk of dissemination to the community, even if you don't intend it to happen; sometimes it can happen by accident," he said. "Also, the person who you record really has no idea, ultimately, what you do with it, and those things can last a lifetime on the internet."
Mitigating Factors
The judge gave the man credit for providing financial support to the victim despite the bail condition, and for not abandoning his child after birth. The court heard that the man now has three children, including one with the victim.
A psychological report indicated that the man had an elevated sex drive and difficulties forming supportive relationships due to fears of abandonment. It was suggested that he likely developed a relationship with the underage girl because it allowed him to feel "psychologically safer" and "more in control" than with a more mature woman.
Judge Massey noted the man's employment history, including work as an Aboriginal liaison officer, showing his capacity to be a lawful and productive member of society if he chose to be. He concluded, "You just can't get involved with people who are under 16 and form relationships with them."
