Sunshine Coast dad in Maroochydore court for indecent treatment of son

A father-of-two has been sentenced after downing 11 beers and performing what he claims was an accidental sex act on his young son. GRAPHIC CONTENT WARNING.

A Sunshine Coast father-of-two has escaped jail time after he downed 11 beers and performed a sex act on his young child.

The now 36-year-old, who cannot be named for legal reasons, was sentenced to probation in Maroochydore District Court on August 23, 2022, after pleading guilty to indecent treatment of a child under 12.

Judge Gary Long said the father had been playing video games and drinking in February, 2018 before he went to bed with his then partner.

Also in the bed was the man’s young son who he then performed a sex act on, that was witnessed by his then partner and the mother of the child.

The man claimed he believed he was performing the act on his ex partner.

The father told police he knew he was intoxicated at the time and said he was under a massive amount of stress when they confronted him about the matter.

“I was blacked out, it was a total accident, the second I knew I stopped,” he told officers.

The court heard he engaged in a sleep apnoea test and also saw a respiratory and sleep specialist.

It was suggested that the father may have acted unconsciously, however the case proceeded on the basis that the then 32-year-old was awake at the time of the offence.

Judge Long said the man had shown “genuine contrition and remorse” and was extensively cooperative in the investigation.

The father had since been diagnosed with PTSD and anxiety which he was medicated for.

The court was told the father had no criminal history of note and the child had not shown any recollection of the act.

The father will be subject to supervision on probation for the next three years to manage his ongoing rehabilitation.

No conviction was recorded.