Joel Franklin Westgarth to be sentenced for unlawful sexual intercourse and producing child exploitation material

A DV thug sexually abused a “very vulnerable” child before telling a psychologist they were just friends, a court has heard.

A young father sexually abused a “very vulnerable” child before telling a psychologist they were just friends, a court has heard.

Joel Franklin Westgarth, 23, awaits his fate from custody after previously being jailed for horrific domestic violence offending and tattooing a child.

A prosecutor told the District Court on Wednesday that Westgarth sexually abused a 13-year-old girl when he was aged 22.

“The victim was clearly very vulnerable at the time,” the prosecutor said.

The prosecutor told the court Westgarth told a psychologist he and the victim were “just friends”, which showed he struggled to accept ownership for the offending and had displayed a significant lack of insight.

Joel Westgarth pleaded guilty to unlawful sexual intercourse. Photo: Facebook

Westgarth, of Murray Bridge, pleaded guilty to producing child exploitation material and unlawful sexual intercourse.

The prosecutor told the court Westgarth was jailed for over a year in May for causing harm to his former partner and the mother of his daughter.

“That offending involved him entering his partner’s home … and grabbing her by the throat,” the prosecutor said.

“As she was laying on the bed, her head facing down, he kicked her face while wearing steel cap boots.”

The court heard the victim suffered significant bleeding from her mouth, a laceration to her face and the loss of her two front teeth.

Westgarth was also sentenced to further jail time in November last year after pleading guilty to performing a body modification on a minor.

During sentencing for that offending, the court heard a separate 13-year-old girl was spending time with her 14-year-old friend at Glenelg East on Australia Day. Westgarth was staying at the property on home detention.

The court heard Westgarth was tattooing himself and the victim asked him to tattoo her as well.

The victim’s tattoos included a little ‘E’ on her finger, a love heart on her thigh, a cross on her inner arm and a name on her ankle.

“In early March, her aunty saw a video depicting (the victim) receiving one of the tattoos and you were performing as the tattooist,” said Judge Mary-Louise Hribal, SA’s chief magistrate.

Judge Hribal said Westgarth’s actions were “highly inappropriate, foolish and irresponsible”.

On Wednesday, Peter Hill, for Westgarth, conceded that an immediate jail term was the only appropriate penalty for his client but asked the court to be as lenient as possible, due to Westgarth’s young age.

Mr Hill said future treatment in the community would be the best rehabilitation method for Westgarth.

Judge Rauf Soulio will sentence Westgarth in September.

Originally published as Joel Franklin Westgarth to be sentenced for unlawful sexual intercourse and producing child exploitation material