ACT Magistrates Court, Canberra man masturbated during virtual psychologist appointment
A Canberra man has faced court after he masturbated during a video call with his psychologist. Find out why the magistrate described the incident as “entirely accidental”.
Canberra Star
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A man caught masturbating during a video call with his psychologist has been urged by a magistrate to not “punish himself” over his offending.
The 34-year-old Canberra man, who cannot be named for legal reasons, pleaded guilty to an act of indecency relating to the lewd incident in August last year.
The man appeared at ACT Magistrates Court on Tuesday where Magistrate Robert Cook said the incident, while serious, was “entirely accidental”.
Mr Cook said the victim was able to turn on her client’s camera, but was shocked to find the man masturbating when she did so.
Mr Cook said while the man did not intend for his psychologist to see what he was doing, the act was still indecent and had a negative impact on the victim.
Both prosecutors and the man’s defence lawyers told the court they did not believe jail time was a necessary punishment for the offence.
In handing down his sentence Mr Cook said there was “no doubt” the man had difficulties throughout his life, noting his ongoing struggles with mental health.
He said the man had a brief stint in the ADF and had difficulty returning to civilian life after his discharge.
“It’s the hardest journey to find out where you fit,” the magistrate said.
Mr Cook said the man had previous convictions on his record, had completed only up to year 10 at high school, and said he was supported by his family - noting the presence of his father in court.
The magistrate said while the man had pleaded guilty early, and said he had felt “disgusted and humiliated” by the offending, he had limited insight into the impact of his actions.
He noted the man once said to his victim she could have dealt with the issue without going to police.
Mr Cook implored on the man to work on bettering himself, not only for his own benefit, but for his teenage daughter.
“To be a benefit to her you need to better yourself,” he said.
“Don’t walk out of here punishing yourself, (go) and make the person you are meant to be.
“You have plenty of life.”
Mr Cook noted the man was seeking mental health support and searching for work, and said he didn’t want to hand down a sentence that could impede the progress the man was making.
He ultimately sentenced the man to a 10 month good behaviour order with no additional conditions.