Man, 24, who engaged in sex chat with woman, 38, about her 7-year-old daughter handed jail sentence

The Toowoomba man had a “fantasy” sex chat with his girlfriend about her seven-year-old daughter, and the shocking thing is the mother instigated it.

A 25-year-old Toowoomba man who engaged in sexual fantasy chats with his partner regarding her seven-year-old daughter has been handed a jail sentence.

However, the man, who cannot be named so as to protect the identity of the girl, will serve the 12-month term in the community by way of intensive correction order.

Toowoomba District Court heard the sexualised chats about the girl were just “fantasising” and the girl had not been touched.

However, Crown prosecutor Emily Coley submitted the girl was real and known to the man which made the offending very serious.

The woman, who was older at 38 at the time, had been sentenced to 15 months in jail, to serve actual jail time of three months, when she was sentenced in the Brisbane District Court on similar charges in August 2023, the court heard.

Ms Coley said the woman had a “significant” criminal history and she had pleaded guilty also to video taping her seven-year-old daughter and sending it to the man.

The couple was still in a relationship, she said.

Though the man had no previous criminal history and he had cooperated with police and admitted to his role in the offending, the matter was serious, she said.

The man pleaded guilty to distributing child exploitation material.

His barrister Geoffrey Seaholme argued “exceptional circumstances” existed in this case.

Accepting the offending was serious, Mr Seaholme said his client had been intoxicated by alcohol or a substance when he engaged in the talk with the girl’s mother and that he had no intention of touching the girl and had not done so.

Judge Paul Smith said because the offending involved a child under 16 ordinarily the man would be jailed unless there were exceptional circumstances which he found existed in this case.

Accepting the chat was just sexually fantasising talk, Judge Smith sentenced the man to 12 months’ jail to be served by way of intensive correction order.

Originally published as Man, 24, who engaged in sex chat with woman, 38, about her 7-year-old daughter handed jail sentence