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Bundaberg teacher avoids jail after molesting his own daughter

A teacher who indecently treated his own child has escaped a prison sentence. WARNING: GRAPHIC

A Bundaberg teacher has avoided jail after pleading guilty to indecently dealing with his own daughter.
A Bundaberg teacher has avoided jail after pleading guilty to indecently dealing with his own daughter.

A Bundaberg court has heard the “exceptional circumstances” which led to a man convicted of indecently treating a child under 16 being released the same day.

The man, a former teacher in the Bundaberg region, pleaded guilty to one count of indecently treating a child under the age of 16 who was a lineal descendant with the circumstance of aggravation in the Bundaberg District Court.

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Crown prosecutor Annica Fritz submitted to the court she found the case presented “exceptional circumstances.”

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It was reported the man was tucking his daughter into bed when she began asking him about masturbation.

“She told her father that when she did that, it made a wet noise,” Mrs Fritz told the court.

The court heard the girl then began masturbating and her father reportedly told her that she should “try rubbing the clitoris area”.

The court heard the girl showed confusion telling the man she “didn’t know what that was”.

After explaining further the court heard the man then showed the girl and “using his own hand, rubbed her clitoris”.

“He rubbed her clitorous for about a minute, before the girl told him to stop, which he did,” Mrs Fritz told the court.

“He apologised to her and asked her not to tell anyone otherwise he would lose his job and go to jail.”

The court heard the offending came to light when the girl’s mother realised something was wrong and after questioning her daughter discovered what had happened.

The mother called the man home from work, and the court heard she told him to attend the police station or she would.

The court heard the man attended the police station, where he made “full and frank admissions” despite no official complaint being lodged against him.

When discussing the “extraordinary circumstances” of the offending, both the prosecutor and the man’s barrister Callan Cassidy agreed on the following.

The court heard the child had been subject to a difficult birth and the court heard she exhibited learning difficulties and this had added stress to the man and his relationship with his then wife.

This stress, the court heard, had contributed to the man drinking heavily on the night of the offending, which led to his “appalling lack of parental judgment.”

The court heard the mother of the child claimed the man had shown no prior predatory nature and was described as a good father.

The court heard the man was now working in menial labour jobs since losing his position as a teacher.
The court heard the man was now working in menial labour jobs since losing his position as a teacher.

Mr Cassidy told the court “the offending was not engaged in the form of personal sexual gratification.”

“He immediately stopped when requested to do so and the offending was of a very brief duration and it’s clear it wasn’t predatory.”

The court heard the man had also lost his job as a result of the offending being revealed by police and had no prior criminal history.

The court heard the man had sought a lengthy period of therapy as a result of his actions and psychological evaluations promoted him as highly unlikely to reoffend.

“The girl’s mother indicates a period of actual imprisonment would further punish them by depriving them of financial support,” Mr Cassidy told the court.

Judge Allen KC considered the submissions from the prosecutor and the defence and also noted the girl had told police “nothing like that (the offending) had ever happened before”.

He described the offending as an “unusual offence” and accepted the submissions that exceptional circumstances were present.

The man was sentenced to 15 months imprisonment, immediately suspended with an operational period of two years and convictions were recorded.

Originally published as Bundaberg teacher avoids jail after molesting his own daughter

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Original URL: https://www.thechronicle.com.au/news/queensland/bundaberg/bundaberg-teacher-avoids-jail-after-molesting-his-own-daughter/news-story/25311f8bcb1559d1b582c8fc5592615f