Sandgroper walks free

‘Predator’ teen admits touching eight females at beach

A VICTORIAN teen who groped eight teenage girls and women while swimming in a “predatory manner” at a Gold Coast beach has avoided conviction and walked from court with a probation order.

The teen cannot be identified as he is an Afghani refugee who came to Australia from Pakistan several years ago without a birth certificate.

After originally being charged as an adult, the teen was assessed based on developmental milestones and crown prosecutor Nicholas McGhee conceded he could not prove the teen’s date of birth showed he was an adult at the time he committed the offences.

Yesterday, the boy pleaded guilty to nine counts of sexual assault and three counts of common assault of the women, aged 15-24. The assaults were committed while he was on holiday from Victoria in January 2016.

He did not have a conviction recorded and was sentenced to two years probation for the conduct described in court as “persistent” and “premeditated”.

Mr McGhee said the assaults on the women ranged in seriousness and involved touching their breasts, buttocks and vagina, sometimes under their swimwear, while swimming between the flags at Surfers Paradise beach.

The offences occurred between 10.30am and 12.15pm on January 12 last year.

When the teen was arrested he told police the assaults were accidental, before saying to the effect: “If I say sorry can we forget about it?”, the court heard.

Mr McGhee argued general deterrence should be considered under the circumstances.

“People certainly should have the right to enjoy public areas like the beach without the fear of being sexually assaulted by strangers,” he said.

Judge David Kent QC said the teen had been “swimming in ... quite a predatory manner” and persisted to touch the women for a period of almost two hours before being reported to lifeguards on the beach.

Mr Kent conceded the actions could potentially be explained by the boy’s transition to Australian culture but could not be excused.

“This is obviously unacceptable behaviour but it is also criminal behaviour,” he said.

“Your behaviour had significant impact on at least two of the complainants. The impacts on them have been considerable.”

In sentencing, he took into consideration the fact the teen had no male role model growing up. He sentenced the Victorian teen to two years’ probation and allowed him to return to Victoria to study.

He will also be required to undertake a “positive sexuality” course as part of his probation.