The 37-year-old man, who cannot be named for legal reasons, was sentenced at Melbourne County Court on December 14 after a jury found him guilty of three charges of an indecent act with a child under 16 and one charge of sexual penetration of a child under 16 years.
In his sentencing remarks, Judge Gregory Lyon said the man had caused significant and enduring harm to his victim and had not demonstrated any remorse for the offending, which took place in Gunbower.
The first two brief incidents occurred in late 2006, first when he forced her to touch his genitals and on the other occasion he groped her over her clothes.
The man sexually penetrated her on another occasion about a month later.
In 2010, when the victim was 14 years old, he got into bed with her completely naked and touched her inappropriately, before apologising and telling her not to tell anyone.
After the victim told a family member about the last incident, it was raised at a family meeting which led to the victim being made to apologise to the man in order for her to be able to see her niece.
Judge Lyon said while the man didn’t initiate the request for the apology, it was made to him and he accepted it.
Judge Lyon said in the victim’s impact statement, she spoke of how the man stole her childhood from her and the betrayal from him as a person she had loved and considered as a brother.
Judge Lyon said it was “devastating to hear from a young woman whose life should be ahead of her, that she has repeatedly attempted suicide and feels you have destroyed her”.
Character references for the man detailed a love for his new family, friends and community including taking on a father figure role to his wife’s son.
Judge Lyon read from a doctor’s report from 2020 where the man was diagnosed with an adjustment disorder with mixed anxiety and depressed mood, which the doctor characterised in 2020 as “mild and temporary”.
The man’s lawyer asked the judge to take into account the delay in the matter, which was first committed to trial in March 2019 before a mis-trial and a further three attempts at the trial being vacated due to COVID-19 restrictions.
On the sexual penetration charge, the lawyer said it was in a “low to middle range of seriousness”, but aggravated by the victim’s age.
Judge Lyon took into account the impact of COVID-19 on the conditions in prison including stress and isolation as a result of social distancing and the suspension of all visits.
The man was sentenced as a serious sexual offender, subjecting him to mandatory reporting for life.
He will be eligible for parole after four years.
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