Uncle figure handed suspended jail term after molesting teen victim twice

A driver who was “like an uncle figure” to his young victim molested her twice while she was under his care in a “grave breach of trust”. See why his jail sentence was suspended immediately.

The man, who was aged 39 to 40 at the time, pleaded guilty to two counts of indecent treatment of a child under 16 as a lineal descendant/guardian/carer.

A driver who was “like an uncle figure” to his young victim molested her twice while she was under his care in a “grave breach of trust”.

The court heard the teen, who had been 14-15 at the time, “physically resisted” the first time, but he persisted.

The conduct involved him touching her chest over her clothing while they were playing video games and also putting her hand on his genitalia when he was only wearing underwear.

Mackay District Court heard the offending occurred sometime over a between 2022 and 2023 when she had visited the man’s home about five times.

On the second visit he began making inappropriate comments with sexual innuendo to her, the court heard.

“It’s a grave breach of trust,” crown prosecutor Matthew Sutton said.

The man, who was aged 39 to 40 at the time, pleaded guilty to two counts of indecent treatment of a child under 16 as a lineal descendant/guardian/carer.

Defence barrister Kate Juhasz said this case could be deemed as involving “exceptional circumstances”, meaning the man – who cannot be named for legal reasons – would not have to serve a custodial penalty.

The court heard these included a guilty plea at the earlier opportunity, he had suffered extra curial punishment in that a licence necessary for work was suspended, he had undertaken significant rehabilitation attending eight sessions with a psychologist and had been diagnosed with depression and anxiety.

‘YOU WERE DOUBLE HER AGE’

Judge Jennifer Rosengren accepted the man, who worked as a driver, was remorseful and acknowledged he had saved the victim from having to give evidence by pleading guilty.

The court heard the offending came to light after the man’s housemates became concerned about his interactions with the young teen, including seeing him sleeping in the same bed and overhearing him tell her “to say something as it would turn you on”.

“You were double her age,” Judge Rosengren said.

“You had access to her in circumstances where you were friends with her mother, an uncle-like figure to her.”

A psychiatric report found the man’s risk of reoffending was low to moderate with ongoing support.

In a victim impact statement the teen’s mother said her daughter now habitually locked the bedroom and bathroom doors so no one could come in and no longer spent time alone in her room with an adult male.

“Her child trusted you in a way that only a child can and you took advantage of that,” Judge Rosengren said, later adding she accepted the offending was towards the lower end of the scale and that there was exceptional circumstances.

He was jailed for 12 months, immediately suspended for 18 months.

Originally published as Uncle figure handed suspended jail term after molesting teen victim twice