A judge hxjmtzywas described a man’s conduct as “grossly inappropriate” after he admitted to illegally maintaining a relationship with his ex-wife when she was 10 years younger than him.
Shocking details of the man’s frequent sexual acts on the woman – who would go on to have five children with him – were revealed to the court on Friday as he faced sentencing for the historical offences.
Disturbingly, the court was told the man would go on to sexually assault his teenage niece a decade later while he was married.
The man – who cannot be named for legal reasons – pleaded guilty at Brisbane District Court to eight counts of having carnal knowledge, two counts of indecent treatment of a child and one count of maintaining a relationship with a child under 16.
He also pleaded guilty to two counts of sexual assault, committed against his niece.
The court was told the man and his now ex-wife met in 2000 when she was just 14 and he was 24.
Judge Nathan Jarro said throughout the relationship the man would frequently have sex with the girl – at times at each others’ houses, in public parks and on the side of the road.
“It would seem you would spend every night together and you would have sex at least once a day,” Judge Jarro said.
Neither of them used contraception during intercourse.
The woman fell pregnant with the man’s first child in 2000.
Judge Jarro said the pair stayed in a relationship after the woman turned 16, with the pair marrying in 2010 and having four other children.
They separated in 2017.
The court was told the man’s sexual assault of his teenage niece occurred in 2010 when he was 34.
Judge Jarro said the girl was sleeping over at his house when the man squeezed her breast.
He said a few nights later the man and his family attended the girl’s house and he put his hand on her shoulder, running it down her breast to the top of her vagina while she was going up the stairs.
“About 45 minutes later … when you saw her you threw your hands into the air and said words to the effect: ‘Don’t worry, I won’t f—ing touch you no more, I won’t f—ing touch you,’” Judge Jarro said.
The women complained to police of the sexual acts in 2020.
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Judge Jarro said the man’s offending against his niece was “predatory and grossly inappropriate” and the behaviour towards his ex-wife “could not be condoned”.
“Children, under the age of 16, are deemed by the law to not have sufficient maturity to make decisions to have sexual activity and all the consequences that flow from that,” he said.
“I’ve had regard to (your ex-wife’s) victim impact statement … she feels as though she has lost her innocence because of your behaviour.”
The man was sentenced to five years’ jail.
Judge Jarro ordered the sentence be suspended for five years after the man had served 19 months behind bars.
In sentencing, he took into account the man’s significant mental health troubles, including a diagnosis of schizophrenia and delusional disorder.
The man’s defence lawyer submitted his client had a good and meaningful work history and was seeking treatment for his health issues.
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