Woman pleads guilty to failing to report belief of child sexual offence in Maroochydore Magistrates Court
A court has heard how a Brisbane woman went against her “protective instincts” as a mum to report her child’s suspected sexual abuse allegedly at the hands of her husband on the Sunshine Coast.
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A Brisbane woman has received a suspended jail term for failing to report her daughter’s alleged sexual abuse to police.
Maroochydore Magistrates Court heard on Tuesday how the woman in her 50s, who cannot be identified for legal reasons, failed to report a belief her young daughter was being allegedly abused by her husband last year on the Sunshine Coast.
Police prosecutor Val Crossley said instead of notifying police, the woman kept the disturbing allegations to herself until another person reported the matters to police on April 5.
The court was told the woman’s husband was charged with child sexual abuse offences and was remanded in custody, with his matter still before the courts.
Senior Sergeant Crossley said through their investigations, police discovered the woman’s daughter also disclosed to her mother what was allegedly happening.
The allegations included sexual interactions between the husband and the young girl in the shower and bathroom.
The police prosecutor said it was relatively new legislation introduced by the Queensland parliament in 2021 and was classified as a misdemeanour offence, meaning it could be dealt with in the magistrates court.
Defence lawyer Kylie Anderson said the woman did in fact confront her partner about what she had seen, but he “assured” her it was not what she thought it was.
The solicitor said the husband stated one of the alleged instances of sexual abuse was “nothing more” than a shower which was a “usual occurrence” in their household. The woman believed her husband, the court heard.
Ms Anderson said when it was eventually reported to police she provided two witness statements to detectives, however months later she was brought in for her own interview and did not ask for legal advice.
The court heard she made admissions to what she allegedly saw and was not aware it was an offence, with it now being a legal obligation for community members to report such allegations.
She pleaded guilty to one count of failing to report belief of child sexual offence committed in relation to a child in court on Tuesday.
Ms Anderson said the woman’s other children, who were from a different father, still supported her. The court heard she had not spoken to her husband since his arrest.
Her daughter was also removed from her care and lived interstate, with the woman in her 50s only speaking to the child once a week over the phone.
The woman’s solicitor said she had learnt from her mistake and was remorseful.
Magistrate Haydn Stjernqvist said it was “particularly egregious” offending, where she went against the “protective instinct” of a mother to protect her child from alleged danger.
“It’s inexplicable … how and why it continued after you first became aware of it,” he said.
The woman was jailed for six months, suspended immediately for nine months.
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Originally published as Woman pleads guilty to failing to report belief of child sexual offence in Maroochydore Magistrates Court