Man jailed for sexually touching sleeping 10-year-old in Southern Highlands

An illegal resident could be sent home after he sexually touched a 10-year-old sleeping boy in the Southern Highlands.

A man who had illegally overstayed his visa faces deportation after he sexually touched a sleeping 10-year-old boy.

The 47-year-old appeared via video link in Moss Vale Local Court on Wednesday after pleading guilty to intentionally sexually touching a person between 10 and 16 years of age.

The overseas national was drinking and playing pool with the boy’s father on the night of April 5, when the father went to bed.

The court heard the 47-year-old walked into the bedroom of the 10-year-old boy instead of going to bed. He then reached down and touched the sleeping boy on the groin, according to court documents.

The man’s lawyer Michael Doughty said the incident was a one-off occurrence.

“It was a single touching on the outside of the clothing,” he said.

“He was asked to stop and he did.”

A 47-year-old overseas national appeared in Moss Vale Court in his prison greens. Picture: Joel Carrett

Documents reveal the boy woke up and told the man to leave the room before going to tell his parents what had happened. The court heard he was scared but clear about the incident.

The boy’s father confronted the man, who denied sexually touching the 10-year-old. Despite the initial denial, he pleaded guilty to the charges and now faces deportation.

Court documents show the man entered Australia in 2006 on a tourist visa, which has since expired, making him an illegal non-citizen.

Mr Doughty said his client had overstayed his visa to try to earn enough money to support his large family at home. He said the man would be added to the Child Protection Register and would not resist deportation to his home country.

Magistrate Mark Douglass blasted the prevalence of sexual offences against minors as “alarming” and said the man had exploited the trust given to him.

“A child that is asleep is in a vulnerable position,” he said.

“He took advantage of that.”

The man was arrested on April 6, 2021. Picture: Trevor Veale

Magistrate Douglass said a jail sentence was the only appropriate sentence for the offence.

“There needs to be a deterrent in terms of this sort of offending,” he said.

“There are no other viable options for this matter than a short sharp shock.”

The magistrate sentenced the man to six months in full time custody, to be backdated to April 6 when he was arrested. He also imposed a five-year apprehended violence order to protect the young boy and his family.