By Harry Brill
Copyright news
On September 3, the man, who this publication has chosen not to name to protect his victim, pleaded guilty to having sexual intercourse with a child under 14 years old.
The man and the young girl started a relationship after their respective families agreed to unite the pair.
However, the man entered the relationship believing the girl to be “16 or 17 years old at the time”.
The court heard this was due to “the parties being identified by other family members as being of the ‘right skin’ in a cultural sense”.
Within a couple of months, the girl fell pregnant.
After the pregnancy was discovered, the victim’s family informed the man his girlfriend was in fact 13 years old.
He was then arrested on August 24, 2024, in Alice Springs and interviewed by police.
During the interview, he made admissions to being in a relationship with the girl and having sex with her, however he maintained he was unaware she was 13 years old until after she fell pregnant.
The court heard that on the same day of the interview, he bashed the girl – for which he would be convicted of aggravated assault causing harm.
He subsequently received a prison sentence of two years and six months with a non-parole period of one year and six months.
Justice Peter Barr noted the man’s “significant criminal record”, which stretched across both the Northern Territory and Queensland.
His offences included assault, unlawful entries, unlawful use of a motor vehicle, driving a motor vehicle causing serious harm, property damage and stealing.
The court heard some of his convictions were for violent offences against females.
In September 2017, he committed a domestic violence choking offence for which he was given a two-year prison sentence, however he was released seven months later.
In July 2018, he was convicted of assault occasioning bodily harm and sentenced to 12-months in prison.
He was then sentenced in January 2022, for assaulting a worker in Alice Springs and given a further six months in prison.
Justice Barr said the man’s moral culpability was “significantly reduced” due to not knowing the girl’s true age.
“It is clear that the girl’s family facilitated and approved the unlawful relationship between you and her,” he said.
Justice Barr also said the arrangement was in-line with traditional norms.
“I conclude that the relationship did not breach Aboriginal customary law or offend against traditional cultural practice,” he said.
“However, I cannot take this into account in lessening the seriousness of your offending because (of) 16AA of the Crimes Act makes clear that I must do so.”
The man was sentenced to two years imprisonment which will commence on February 28, 2026.
He will be eligible for parole from August 27, 2026.
This article originally appeared in the Northern Territory News and has been reproduced with permission.
