Short jail term for rape

A HOBART teenager who raped a girl at a party without protection will spend only nine months in jail, with a judge noting the boy didn’t ejaculate and was of otherwise good character.

The boy has also avoided his name being recorded on the sex offenders registry, with Supreme Court Justice Gregory Geason deciding he wasn’t likely to offend again.

In May 2017, the teen, who cannot be named as he was 17 at the time, and the victim had been kissing at a party in Carlton before moving away from other revellers.

But away from the party, the boy raped his victim twice and sexually assaulted her once.

The attack, during which he briefly placed his hand over the victim’s mouth, stopped when others arrived at the scene. The boy contested the charges but was found guilty by a jury.

While sentencing late last week, Justice Geason said the fact the rape was unprotected was not “an aggravating factor”.

“There is no suggestion you have any disease, and I have commented that you did not ejaculate,” he said.

Before the attack, the boy had told another reveller he wanted to have sex with the victim.

But Justice Geason said the comment was a “crudely expressed statement of desire, not a statement of intention to act upon that desire unlawfully”.

“In my view, it is properly characterised as an inappropriate statement borne of youthful immaturity fuelled by a little alcohol,” he said.

“As such, I do not treat it as evidence of predatory behaviour.”

The boy said during his trial that he “honestly believed” he had the victim’s consent to sex, with his lawyers arguing that any jail sentence should be fully suspended.

The victim however said the episode “damaged” her and that she’d withdrawn from family and social life.

Justice Geason said the boy had a “good upbringing” with a good school record and some sporting achievements.

He said the youth acted on an “honest and unreasonable belief as to consent” and was unlikely to reoffend.

Taking into account the boy’s youth and that his conduct was “out of character”, Justice Geason sentenced him to two years and three months’ jail, but suspended all but nine months of that term.

“I consider that you are unlikely to reoffend. I discern that you are of sufficient intelligence to have learned from this experience,” Justice Geason said. “It is possible for you to be a useful member of this community notwithstanding this episode.”