Touch rugby league identity Samuel James Borgert, 30, jailed for 12 months over relationship with little girl

A Brisbane touch rugby league identity who engaged in a two-year sexual relationship with a girl he met through her school when she was just 13 has been jailed.

Sam Borgert pictured in 2018

A Brisbane rugby league identity who engaged in a sexual relationship with a child for more than two years starting when she was just 13 has been sentenced to three-and-a-half years’ imprisonment.

Samuel James Borgert will have to spend 12 months behind bars for the offending against the child whom he first met in 2011 through her school when she was aged 10.

Borgert, 30, was a leading figure of Brisbane Touch Rugby League, including as a player and official working as a venue manager and referee before he was charged last year with maintaining an unlawful sexual relationship with a child from October 2014 to January 2017.

Borgert, who also works as a relationships manager for a Queensland law firm, pleaded guilty to the charge in the Brisbane District Court on Tuesday before Judge Amanda McDonnell.

Prosecutor Brendan White said Borgert was aged 21 to 23 at the time of the offending against the girl who was aged from 13 to 16.

The court heard Borgert first met the girl when she was a Grade 5 student and that he showed favour to the child who regarded him as a good friend until she was in Grade 7.

Mr White said when the girl was in Grade 6, Borgert met her at a school fete where they spent the day together.

They next saw each other at the girl’s Grade 7 graduation at the end of 2013 when Borgert congratulated her, and they next spoke in early 2014 when the girl turned 13 and got a mobile phone and the pair connected on social media.

Mr White said the defendant and complainant would comment on each other’s Instagram posts and in September that year, they began sending Snapchat messages.

Borgert entered into a sexual relationship with the girl for two years and two months starting in October 2014 until she turned 16 in 2017.

Mr White said Borgert engaged in a range of sexual acts with the child, including kissing, oral sex and intercourse.

“The complainant child believed she was in a relationship with the defendant and so says the defendant to his psychologist,” he said.

“Between late June 2015 and the end of this period, the defendant had sex with the complainant child every second night, sometimes every night, almost every time the complainant child saw the defendant they would have penile vaginal sexual intercourse.”

Borgert’s victim was in court, with a statement tendered by the prosecution revealing the “very real and profound impact” the offending has had on her.

Defence barrister Gary Churchill said Borgert had strong support, including from his current partner and his family who were in court.

He said Borgert worked as a relationship manager for a Brisbane law firm, with his employer writing a reference letter of support to the court.

Mr Churchill said the defendant at the time of the offending, Borgert had withdrawn socially after a falling out with a male school friend who had expressed a romantic interest in him.

“He’s been stably employed for the past five years, it’s clear his employer speaks highly of him, his work ethic and his trustworthiness and if they could, would continue to employ him,” he said.

Judge McDonnell took into account a psychological report that said at the time of the offending, Borgert was suffering from a “mixed personality disorder with dependent, avoidant, immature and autistic features”.

“Whilst maintaining the relationship with the complainant between the ages of 13 and 16, you considered that you were in a relationship with her,” she said.

“(The psychologist) considers your personality disorder resulted in you having impaired reasoning regarding what was appropriate in terms of sexual contact with an underage adolescent.”

He was sentenced to three years and six months’ imprisonment to be suspended after he has served 12 months in jail.