A 19-year-old who engaged in sexual acts with a 16-year-old he met at Canberra church youth group has avoided prison time.
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Thomas Carney, now 21, met the girl at the youth group in mid-2011, and he began “pestering” her with sexually explicit text messages.
At one point, the girl asked him if she could use his credit card to purchase phone credit.
He asked what he would get, saying a blow job was as low as he would go.
The girl eventually complained about Carney to their youth group leader in mid-2012, saying he kept “asking her for sexual stuff”.
Carney knew the girl was 16 at the time.
He was told to stop by the youth group leader, who said it was inappropriate because the girl was underage.
Not long afterwards, Carney asked the girl to come over.
She agreed and the pair began engaging in sexual acts.
But their encounter was found by the court to have stopped before any sex took place.
The court found the girl had asked Carney to stop, and he did.
He was charged with two offences, one of using electronic means to suggest a sexual act and another of having sexual intercourse with a young person.
Justice Richard Refshauge sentenced Carney in the ACT Supreme Court on Thursday.
The court heard Carney was from a stable and loving home, was of good character, and was a “boy's boy”, who was keen on sport.
But he also suffered from ADHD, the court heard, often misread situations, and had a lack of sexual knowledge at the time.
He had expressed remorse and insight into his offending and the impact on the girl.
Justice Refshauge said there was a single voice of abhorrence to sexual crimes in the community.
But he acknowledged this particular offence was removed from the more predatory types of sexual crimes.
Carney was sentenced to eight months prison, which was wholly suspended for a period of two years.
He was placed on a good behaviour order and will be sent to the adult sex offender program.
Justice Refshauge warned him that if he committed another offence, he would be re-sentenced for these crimes.
“Quite frankly, I don't think that will happen,” Justice Refshauge said.
“I expect this has been a lesson to you and the courts won't see you again.”
