Publican pleads guilty to historic indecent assault offences

A judge has described a country Victorian publican’s sexual abuse of his niece as an “extreme anomaly” given he doesn’t have a criminal record.

A Ballarat man pleaded guilty at the County Court to indecent assault.

A publican from country Victoria who sexually abused his niece for years saying he “accidentally” touched her thinking it was his wife has been jailed.

The 68-year-old, who The Ballarat News has chosen not to name to protect the victim, was sentenced to a minimum of 12 months behind bars after earlier pleading guilty to three charges of indecent assault of a girl under 16.

The court heard the girl was seven-years-old when he started abusing her in the 1970s in Ballarat.

On one occasion the man gyrated his penis against his niece’s thigh, and rubbed her genitalia.

While assaulting her, he said vile comments including “this feels good” and “this is love”.

On another occasion, the man showered with the young girl, washing her and touching her over her underwear.

He told his niece to wash and rub him over his pants.

The court heard the man gave the girl lollies and money.

He also bought her gifts including a bike and recorder because her family couldn’t afford them.

When the man was interviewed by police he said his memory was affected by years of alcohol abuse and he could “only remember limited things”.

He said he “might of accidentally touched her” while sleeping thinking it was his wife.

He told police when he discovered his “mistake” he couldn’t “get out of the bed quickly enough”.

In a victim impact statement, the woman said it was “shameful” to admit she was sexually abused as a child.

“I always tried to consider myself a survivor more than a victim, it seemed more palatable to me,” she said.

“The horrid truth is I am a victim, a victim of child sexual assault as disgusting as that is to me and society.”

The woman said she felt angry at herself because she thought her uncle cared about her.

“As a child I acted out more and more,” she said.

“I was left to blame myself and hate myself and received no help or understanding for what I had endured and the mass confusion I felt.”

The woman said her uncle “conned” and “tricked” her.

“I live with my own shame and guilt that I so easily fell for your lies thinking for years that you really cared about me, that you were a really good person and the abuse must have somehow been accidental,” she said.

“I know now it wasn’t my fault, I was the child and you were the adult.”

The woman said she fell into substance abuse and had panic attacks, severe sleep troubles and post traumatic stress disorder.

Judge Bill Stuart said the woman’s victim impact statement reflected the impacts of child sexual abuse.

“I don’t know people quite appreciate how profound and long-term the effects are of sexual abuse on small children who become teenagers, young adults moving into their later years,” he said.

Judge Stuart said the man had “endeavoured to protect” himself by not admitting the offending and described it as an “extreme anomoly” in his life.

The man was sentenced to a total effective sentence of two years and six months but Judge Stuart ordered 18 months be suspended.

He was registered as a sex offender for life.