Source : Perth Now news
A convicted child rapist will spend extra time behind bars after pleading guilty to repeatedly raping and recording his 15-year-old girlfriend when he was 23.
The man, who cannot be named to protect the identity of the victim, pleaded guilty to 14 counts of sexually penetrating the teen and nine counts of indecently recording her, as well as one possession of child exploitation material.
The offending took place in two Goldfields-Esperance towns from June to November 2023 while the man was on bail for similar offending against the victim and her sister.
The now 26-year-old was sentenced in Esperance District Court this month and had 12 months added to the terms already handed to him for similar offending against the girl and her sister, bringing his total to six years and one month.
He will be eligible for parole late next year.
The court was told the man was not a “predator” due to the victim in these offences being a “willing participant”.
The pair had been in a consensual relationship and now have one child together.
Judge Gary Massey said that while the term “willing participant” was used, the victim was still underage and unable to give informed consent.
“I accept that there’s no element of abuse here,” Judge Massey said.
“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 said the legislation sought to protect children from those who prey on them, but also 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 said.
Judge Massey said the man’s offending was aggravated by the fact he recorded many of the sexual interactions, and that he was on bail with a protective condition not to be near her.
“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.”
Mr Massey gave the man credit for providing financial support to the victim, despite the bail condition, and for not walking away from his child when they were born.
The court was told the man now has three children, including one to the victim.
A psychological report noted the man had an elevated sex drive and difficulties developing supportive relationships due to fears of abandonment.
It was stated he likely developed a relationship with the underage girl because it allowed him to feel “psychologically safer” and “more in control” than if it was a more mature woman.
Mr Massey said the man’s employment history, including stints as an Aboriginal liaison officer, showed he had the capacity to be a lawful, productive member of society if he chose to.
“You just can’t get involved with people who are under 16 and form relationships with them,” he said.
