‘Longstanding’ marriage issues leads former Riverina teacher to sex offences against student
A former teacher in the Riverina has told a court about having sex with a student whom he tutored because he wasn’t experiencing intimacy with his wife.
The Wagga News
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A former teacher in the Riverina had sex with a student twice within an eight-month period because of “longstanding” marriage issues, a court has heard.
The man, who is not named to protect the identity of the victim, appeared in Wagga District Court today for a sentence hearing after pleading guilty to two counts of sexual intercourse with a person aged 17-18 under his care.
The court today heard he committed the offences between February and September in 2018 while he tutored her, including at his house.
In one instance, he parked near her house to pick her up to avoid her parents knowing.
The court heard he would never work as a teacher again as he has become ineligible to reapply for a Working with Children’s Check.
The man, in his 40s, was called by defence barrister Zoe Alderton to give evidence.
During the examination in chief, Judge Gordon Lerve read from a psychological report tendered as evidence, saying the man had “longstanding marriage difficulties and intimacy not being met from his wife” that left him vulnerable to having an affair.
The judge said it appeared the man was blaming his now ex-wife.
In response, the man said: “She’s been very supportive, even throughout these criminal proceedings”.
“I feel very guilty for what I’ve done to her. I don't condone what I’ve done at all.”
He said he betrayed people’s trust and that he hoped the victim was okay.
“I used support students who have experienced different adversities … and now in what I’ve done, I’ve put someone in a position where they need some support,” he said.
“I can’t believe I have done it.”
During cross-examination, he said he knew how wrong the relationship was and that he stayed in contact with the victim even after he left the school.
Defence barrister Zoe Alderton argued the offences were below mid-range on the objective seriousness.
Ms Alderton said his offending did not demand full-time jail because of his early guilty plea and remorse.
“Some offenders have received sentences other than full-time imprisonment,” Ms Alderton said.
She said her client showed care, rather than degradation and violence, towards the victim during the offending.
Ms Alderton also said her client had suffered extra-curial punishment from losing his employment and asked for findings of special circumstances if a jail sentence were to be imposed.
“The most concerning aspect is the age disparity. Otherwise the conduct — other than the multiplicity — is unremarkable,” she said.
Crown solicitor Virginia Morgan dismissed the notion of extra-curial punishment from losing employment, saying it was the “inevitable” result of someone committing this type of offence.
Ms Morgan also said the offending “amounted to a serious breach of trust” by the man and that the court needed to deter those seeking to abuse their power in such relationships.
“Community expectations require a sentence of full-time custody,” she said.
Ms Morgan said while the offending was more serious than what was put forward by Ms Alderton, the Crown had no issues with the evidence of remorse.
She also said the Crown can see findings of special circumstances because of his age, good prospects of rehabilitation and this being his first time before the courts for such an offence.
In his preliminary views, Judge Gordon Lerve said the offence was relatively serious because of his privileged position as a teacher.
Judge Lerve, who took into account an additional count of sexual intercourse with a person aged 17-18 under care, said he was prepared to find on balance that the man was remorseful.
“Given his age and record, he’s unlikely to reoffend,” Judge Lerve said.
“He's getting counselling and has good prospects of rehabilitation.”
Judge Lerve has reserved his sentence until April 3.
The man, who remains on bail, was supported by family members in court today.