Mount Gambier-area man Gerard Henry Graetz jailed for unlawful sexual intercourse with teen boy

A father of six has been sentenced after taking advantage of a drunken teen boy at his home – who managed to capture his abuser on camera.

A father of six who has been found guilty of unlawful sex with a teenage boy will spend at least 11 months behind bars.

Gerard Henry Graetz, 58, was sentenced in the District Court last week in front Judge Geraldine Davison after a jury found him guilty of unlawful sexual intercourse with a person under the age of 17 – a verdict he has refused to accept.

The court heard that in July of 2021, Mr Graetz performed a sex act on a 15-year-old boy – who was drunk at the time – with the act recorded on the victim’s mobile phone.

The jury found Mr Graetz, who lives in the Mount Gambier area, was not guilty of sexually abusing a child.

Judge Davison said the age difference was significant and Mr Graetz “abused the trust that he had placed in you”.

“He was, as I have said, a vulnerable young person, and you took advantage of this for your own gratification on this occasion,” she said.

Judge Davison said the boy consumed alcohol at Mr Graetz’s home and other places where he accompanied the man.

“It seems on many occasions there was a lot of alcohol consumed by some of the people who came to your house,” she said.

The sex act the victim managed to record on his phone – and the act over which Graetz was jailed – was the last time the victim went to his home, the court heard.

Judge Davison said the victim had “been significantly impacted by your offending”.

“He says he pushed away individuals in his life due to the fear you instilled in him. He stated he is traumatised and struggling following your conduct,” she said.

“While he was open about his own sexuality, your conduct resulted in his inability to engage in sexual or romantic feelings. He turned to illicit substances. He did not feel comfortable to work or leave the house alone. He still suffers from a fear of men, particularly older men.”

The Kalangadoo man had committed prior offences but most were “significantly dated”, the last being cannabis possession, the court heard.

Judge Davison said the current offence was “very serious”.

“The law is in place to stop older people taking advantage of people under the age of 17 years,” she said.

“The law is there to protect those people, even from their own inclinations. There is no doubt that you committed this offence.

“You do not accept the verdict of the jury in relation to it; that does not bode well for your rehabilitation.”

Judge Davison sentenced Mr Graetz to 20 months in prison with a non-parole period of 11 months, backdated to August 6 of this year.

Originally published as Mount Gambier-area man Gerard Henry Graetz jailed for unlawful sexual intercourse with teen boy