A Cunnamulla man was found guilty of indecently assaulting his eight-year-old cousin in his home

A Cunnamulla man was found guilty by a jury for indecently assaulting his eight-year-old cousin in his home.

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A young Cunnamulla man who sexually assaulted his eight-year-old cousin has torn his family apart and been warned by a judge that he is a “marked” man in the community.

The 20-year-old man, who cannot be named for legal reasons, fronted the Charleville District Court for indecent treatment of a child under 12.

The court heard the man, who was 18 at the time of offence, went into his cousin’s room after she went to sleep and touched her on the outside of her underwear before she told him to go away.

Judge Michael Burnett labelled the young man’s offending “opportunistic” and said he was “disinhibited” due to the consumption of alcohol.

His Honour said it was concerning that the event took place in his home after the girl wanted to spend the night with her other cousin.

The trial involved several of the family members giving evidence.

“Every witness that came before the court in this trial was a member of your family,” His Honour said.

“I have little doubt in concluding that this event has fractured the relationships in the family home.

“I saw your aunt’s husband as he gave evidence. He was plainly distressed by these events.”

He said the news of the verdict returning to a small community, would be painful for the family, if they were not already traumatised by the trial process.

In determining a sentence, Judge Burnett said the young man would be “marked” in the Cunnamulla community.

“You cannot, if you like, disappear into the anonymity of a large city, as offences of this sort commonly do in cities such as Brisbane and other large metropolitan areas within the state,” he said.

“ … the fact of your conviction affords to some extent, a significant degree of community denunciation in a very positive way, because of the small community and the knowledge of this conviction within that community.”

To try to rehabilitate the offender, the judge ordered he address his issues with alcohol.

“A young man at 18, coming home so drunk that he is disinhibited from committing this sort of offence is a major concern to our community,” he said.

Judge Burnett also sought to deal with the offender’s “deeper demons” so he didn’t come to the adverse attention of the law again.

Judge Burnett warned it was a “very close call” when he sentenced the man to 12 months probation in court on February 18.

“This sort of offending is not tolerated in our community,” he said.

“ … I think that is the best sentence in all of the circumstances, recognising, as I say, in particular, your youth and the advantage that’s achieved by the community in not having you sent off to prison to learn worse habits, but rather than you rehabilitating within the community.”