A 20-year-old man who filmed himself having sex with a teenage girl will not be placed on the Sex Offenders Register for eight years but has been placed on a two-year good behaviour bond.
The man, who cannot be named for legal reasons, pleaded guilty to possessing child abuse material after he used his phone to record himself and a 14-year-old girl having sex.
In court on Friday, the man’s solicitor said the girl had consented to the act and filming and had told his client that she was 16 years old.
Police confirmed the girl’s appearance resembled someone older than 14.
The solicitor said the man had the video for less than 24 hours when he showed it to detectives who had been
contacted by the girl’s school about her involvement with other youths.
The girl’s mother also contacted police after her daughter’s friend told her about the incident.
Court documents said the girl declined to give police a statement.
“He does not have a habit of doing this sort of thing; his mother is in court, she doesn’t want her son to be labelled a paedophile – he continues to apologise,” the solicitor said.
He said any conviction would see the man placed on the Sex Offenders Register for a minimum eight years.
“Ordinarily matters involving possession of child abuse material would carry a jail sentence in order for deterrence and protection of the victims,” the magistrate Darryl Pearce said.
“In many situations the children are from overseas countries and opportunities for them are scarce, and they are prayed upon by members of their community, which often results in mass dissemination of this material.
“This case is not at all like these. I don’t want for a moment to give the impression that possessing child abuse material is anyway acceptable.”
Mr Pearce found the offence proven without
conviction because of the circumstances and the man’s clean record.
The man was ordered to be on good behaviour for two years. He consented to a two-year apprehend violence order for the protection of the girl.