A Queensland judge interrupted court proceedings and directed five minutes of silence in an unusual move to emphasize the gravity of a sex offense against a 14-year-old girl.
Acting Judge Ryan Haddrick of the Brisbane District Court took the action during a sentencing hearing for a 35-year-old man who had pleaded guilty to engaging in sexual conduct with the minor. The defendant cannot be named to protect the victim's identity.
Defence barrister Damien Gates had argued that the sexual act lasted approximately five minutes and that his client desisted. He also suggested the incident was a result of 'poor impulse control.'
"Sit down for a second... in fact, sit down for five minutes, starting now," Judge Haddrick instructed Gates, quieting the courtroom. "The proposition I am putting through to you and through to your client, is that in five minutes engaging in sexual conduct with a 14-year-old, the penny should have dropped before it occurred. That sexual conduct went on for more than a few seconds, it went on for a sustained period of time."
The court heard that the man and the girl had dinner and consumed cannabis before the incident. Gates indicated that his client may have perceived the complainant rubbing her waist against him as an invitation.
The man exposed himself to the girl, removed her underwear, and engaged in sexual intercourse with her for five minutes. A recorded conversation in which the defendant admitted to the act was played in court.
When questioned by Judge Haddrick about the 14-year-old's capacity to consent, Gates acknowledged that she could not. He also stated, "I don't disagree with your Honour about the morality of this offence. Obviously it's a serious offence."
Judge Haddrick sentenced the man to 18 months imprisonment, with six months to be served in custody. He is eligible for parole in January. The judge remarked on the lasting damage such offenses can inflict on a victim's life, robbing them of innocence and trust.
"The damage just rattles on through the ages, and that's all because of your immature, immoral and frankly selfish conduct on this occasion," Judge Haddrick said during sentencing. "We live in an age where we have a very clear understanding now that we didn't in earlier times, of the pernicious nature of this sort of sexual offending that can stay in the mind and stay in the life story of a victim for years if not decades to come. It robs that child of their innocence, but also many things that they should be able to take for granted, like trust in men, and an understanding of what is sexually appropriate and not appropriate."