James Atkins: Narrandera fencer commits sex crime in eastern Victoria

A disgusting labourer had sex with a girl who reminded him she was “only 14” after he lied his way into staying at her house.

James Atkins was 20 when he had sex with a 14-year-old. Photo: Facebook

A labourer snuck into a young girl’s room and had sex with her after lying to her and her dad about needing somewhere to stay because he’d broken up with his girlfriend.

James Kyle Atkins, 22, fronted the County Court on Monday, December 14, pleading guilty to one charge of sexual penetration of a child under the age of 16.

Atkins was 20 when he had sex with the girl, who reminded him she was “only 14” as he took her clothes off, in eastern Victoria in 2019.

Earlier in the evening Atkins had messaged her on Snapchat to say he needed to talk because he was having relationship problems, then texted her to ask if he could come to her house as he had split from his girlfriend.

Once at the house Atkins told the girl’s father he needed somewhere to stay, and he was allowed to sleep in the spare room.

Later in the night he went to the girl’s bedroom, saying he wanted to talk about his relationship problems, then lay down beside her and began removing her clothes.

He ignored her when she said she was only 14 and got on top of her, then had sex with her without a condom.

Atkins then lay beside her and messaged his girlfriend before saying he needed to go home to care for his dog.

When the girl said she thought he didn’t have a home he could go to, he replied, “Mmm, sorry about that,” and left.

The next day he texted her to say they could be friends but could not talk.

Atkins’ crime was discovered after the girl told her sister about the incident.

Texts revealed Atkins admitted the intercourse to the girl’s sister, however, when she called him from a police station police station weeks later he denied it, saying he was dating his girlfriend at the time and could go to jail for being with a 14-year-old.

Atkins told police later that month he didn’t have sex with the girl and hadn’t split with his girlfriend.

The court heard the fencer had no criminal history and his lawyer told the court he had good levels of remorse.

But Judge John Smallwood refused to accept that Atkins was remorseful.

“He denies knowing how old she was, how can that possibly be remorse?”

“I’m not going to wear a psychologist saying he’s ashamed when he won’t admit he did it,” Judge Smallwood said.

“He clearly knew how old she was.”

The court further heard he was a “young, hardworking man” who had since moved to Narrandera in NSW.

Atkins will return to court on December 17.