Thomas Peacock found guilty of unlawful sexual intercourse with child, acquitted of more serious charge

A father has been found guilty of sexually abusing a homeless child after he was caught bragging to a friend about a threesome with her and her friend.

A man has been found guilty of sexually abusing a homeless child but acquitted of the more serious charge that carries a maximum penalty of life imprisonment.

On Tuesday, Judge Liesl Kudelka said she found Thomas Francis Peacock, 44, not guilty of maintaining an unlawful sexual relationship with a child.

However, she found him guilty of the alternative charge of unlawful sexual intercourse.

Lisa Dunlop, for the prosecution, told the District Court during his trial the “lonely” 16-year-old met Mr Peacock on social media in late 2019.

Thomas Peacock was acquitted of maintaining an unlawful sexual relationship with a child. Photo: Facebook

He was found guilty of unlawful sexual intercourse. Photo: Facebook

The court heard the victim went to Mr Peacock’s Myponga house with another 16-year-old girl in 2020 and they stayed the night.

“In the morning (the victim) will tell you that she went and got into the bed with the other two … and sexual activity took place as between the three of them at that time,” Ms Dunlop said.

Police arrested Mr Peacock shortly after and he was released from custody.

“Somewhat cautiously and somewhat more carefully than before, that relationship with (the victim) … continues up to and past her 17th birthday in August 2020,” Ms Dunlop said.

In her published reasons, Judge Kudelka said Peacock admitted to having sexual intercourse with the victim in April 2020, with his defence being he believed she was of age.

She said Peacock bragged to a friend in a text about having a threesome, describing the victim and her friend as “both only 17 omg”.

Judge Kudelka said she was not sure whether Peacock genuinely believed the victim was 17 but even if he did she did not consider that belief was held on reasonable grounds.

“Given such a disparate age difference, it may not be reasonable to simply rely upon her assertion that she was 18,” she said.

“At that point, as the accused said, he probably should have been ‘more across it’.”

Judge Kudelka said she did not find the victim to be wholly credible or reliable and did not accept her evidence that the sexual relationship resumed after Peacock was released on bail.

“In early 2020, she wanted somewhere to go and was seeking alcohol, drugs and money,” she said.

“She offered sex to a much older man to get it.

“Her situation is a good example of why the law needs to protect young people from their own (sexual) immaturity.”

Judge Kudelka acquitted Peacock of maintaining an unlawful sexual relationship with a child.

Peacock will face court in October for sentencing submissions.