Thomas Peacock to be sentenced next week for unlawful sexual intercourse with child

A father-of-four has pleaded with a court to spare him jail after he was convicted of one of two charges against him.

A man who sexually abused a homeless child has begged a court to spare him jail.

Thomas Francis Peacock, 45, will learn this fate next week after he was caught bragging about a threesome with the victim and her friend.

Judge Liesl Kudelka found Peacock guilty of unlawful sexual intercourse in August but acquitted him of the more serious charge of maintaining an unlawful sexual relationship with a child.

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.

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.

Thomas Peacock was found guilty of unlawful sexual intercourse with a child. Photo: Facebook

“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 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.

However, she 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.

On Tuesday, Peacock’s counsel told the court his client still maintained his denial of the offending, saying the victim was determined to have Peacock believe she was the age of consent.

The court heard Peacock, a father-of-four, had previously worked as a truck driver but had been unemployed since a serious bicycle accident in 2021.

His counsel pushed for a good behaviour bond – the only sentencing option available for the offending besides immediate jail – saying Peacock’s mother had been killed in a motor vehicle accident days before the “opportunistic” offending.

However, a prosecutor pushed for immediate jail, saying there was a power imbalance between Peacock and the “vulnerable” child and he ought to have known better.

“His interest in her was clearly motivated by sexual interests and desires – to the exclusion of any inquiry about her,” the prosecutor said.

Peacock, who was allowed to remain on bail, will be sentenced next week.