Pittsworth father found guilty molesting 12yo boy at son’s sleepover

A young boy’s childhood sleepover ended in a nightmare when he woke to discover the man he knew and trusted molesting him, a court has heard.

A Pittsworth man has been convicted of molesting his son’s friend at a sleepover. Picture: File

A Pittsworth man convicted of molesting his son’s friend at a sleepover will spend less than half a year in prison for the offence.

The 47-year-old father pleaded not guilty in Toowoomba District Court to indecent treatment of a child under 16 under his care after he was accused of molesting a 12-year-old boy at his son’s sleepover in late 2019.

After just over one hour of deliberation, the jury returned their verdict: guilty.

To protect the identity of his victim, the man cannot be identified.

During the trial, the court heard the boy was drifting to sleep on a mattress on the living room floor when he saw the man enter the room, wearing only a pair of black Bonds undies, and lie on a nearby couch.

In evidence shown to the court, police claimed the boy told officers he woke to the man, now on the mattress, spooning him from behind, with the man’s genitalia pressing into his leg.

Police claimed the boy turned to see the man staring at him before quickly shutting his eyes and pretending to sleep; he soon realised the man was completely naked.

The court was told the man’s 12-year-old son, the boy’s friend, was asleep in the same room at the time of the attack.

In his police interview, shown to the court, the man said he had chosen to sleep in the room with the boys, rather than one of the three bedrooms at the property, to “keep an eye” on his son.

The man also denied ever owning the underwear described by his victim, first claiming he “got them from the dump” and then suggesting they belonged to his son.

In panicked text messages shown to the court, the boy pleaded for his mother to pick him up around 1.30am.

His mother testified the boy then revealed the abuse in a text message around 2am that night after arriving home, unable to speak the words directly to her.

At sentencing, Crown prosecutor Perian Cardiff condemned the man for placing further emotional stress on his victim by bringing the matter to trial.

“(It is) traumatic, to replay the events of that evening but also there is an element of indignity having to discuss those sorts of offences,” she said.

Ms Cardiff also advised the court of a social media post, made by the man in the lead up to the trial, which called his victim a “liar” and a “freak”.

She also detailed a lengthy criminal history of drug, dishonesty and domestic violence offending but conceded the man had no history of child sexual offending.

Defence barrister Nathan Edridge instructed by McConnell and Saldumbide Criminal Lawyers said the man had suffered serious and sustained substance misuse issues from a young age which affected him at the time of the offending.

“Alcohol is a current problem, he drinks about five to seven drinks each night, drugs were a bigger problem in the past,” Mr Edridge said.

He also advised the man’s mother was suffering a terminal disease and had not long to live.

Judge Paul Smith AM said the man had shown “no remorse” for the offending which would have serious impacts on his victim’s life.

“The child was cross-examined and had to relive the trauma of this act,” he said.

“The only explanation for this is that he was affected by alcohol – not that, that excuses it of course.”

The man was sentenced to eight months imprisonment, to be wholly suspended for two years after serving four months in actual custody.

Originally published as Pittsworth father found guilty molesting 12yo boy at son’s sleepover