‘Exceptional circumstances:’ 29-year-old walks free after indecently treating own daughter

Ipswich District court heard a 29-year-old’s indecent treatment of his seven year old daughter was due to ‘poor communication and social skills.’ WARNING: Distressing content.

A 29-year-old man faced Ipswich District Court on Friday for indecently treating his own daughter.

The court heard that the offence occurred on March 1 2020; the man was 27, and his daughter seven.

They were home alone at the residence the man shared with his then-partner and stepmother of his child; he helped his daughter dry off after she showered, and she dressed herself in pyjamas.

Afterwards, in the daughter’s bedroom, she asked the man several questions about how babies are made.

The court heard that during this conversation, the man allowed his daughter to touch his penis under his clothes.

He further gestured to her genitalia, without contact, while she was dressed in her pyjamas.

The daughter later told her stepmother about the incident, and the man expressed his remorse.

He told his then-partner that “it had gone too far,” that he “wish[ed] it didn’t happen,” and apologised.

On May 27 2022, he pleaded guilty to one charge of indecent treatment of a child under 16 that was of lineal descent.

His defence lawyer argued that the matter was on the lower end of offending, as it “didn’t involve any physical harm or threat of physical harm.

“It was brief, it was not instigated by [the man] in the sense of any predatory or premeditated kind of way, and it was stopped by him as well.”

The daughter gave her testimony on a previous date in a prerecorded video, and she hasn’t been in contact with her father since the offending.

The court heard that the man was diagnosed with autism in 2015; the psychologist at the time said he demonstrated deficits in social communication, hampered by challenges with verbal competence in expressive and receptive language ability.

Another psychologist who conducted an evaluation of the man on May 24 2022 concluded that the offending was the result of poor communication and social skills, and that the man didn’t present with any pedophilic traits.

His mood testing indicated the man also experienced severe depression and anxiety – which the man said he currently deals with by playing video games.

Judge McDonnell said she accepts that “there’s a causal relationship between the offending and your autism diagnosis, which reduces your moral culpability.”

However, she also noted the vulnerability of his daughter, who has been diagnosed with autism, a mild intellectual disability, attention deficit and hyperactivity disorder, oppositional defiant disorder, reactive attachment disorder and a speech and language delay.

“Your offending and behaviour is a significant breach of trust,” said Judge McDonnell.

The prosecutor also noted, regardless of any diagnosis, “He was aware that his conduct was wrong.”

The court heard that the man grew up with his mother, had a difficult relationship with his stepfather, and that there were issues of abuse within his family.

He was bullied both verbally and physically throughout his schooling and, despite finishing year 12, performed poorly in his academics.

He lived with his mother until he moved in with his most recent partner – his daughter’s stepmother; he had a long-term relationship with her which ended as a result of his offending.

He is now residing with his mother once again, and has received assistance from an NDIS support worker since October 2021.

Through the NDIS, he has received ongoing support from a relationship coach and employment expert.

Judge McDonnell took into account that the man is relatively young, has no criminal history and requires significant support in his day-to-day life.

She ultimately accepted that exceptional circumstances existed for the case that affected the requirements for imprisonment.

“As abhorrent and unacceptable cases of this nature are, I accept that the present case is at the lower end of seriousness,” she said.

The man was given a suspended sentence of eight months imprisonment and the conviction was recorded.

“I hope not to see you back before the court,” said Judge McDonnell.