An ACT Supreme Court judge has ruled that it would be inappropriate to place a 17-year-old who had a sexual relationship with a 13-year-old on the child sex offender register.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The teenager, whose cannot be named because of his age, pleaded guilty to one count of sexual intercourse with a person under 16.
He also admitted to three counts of an act of indecency, which the sentencing judge took into account.
The crimes happened within a two week period in February and March this year.
The court heard that the teenager and the victim met through part-time employment in a retail business.
He knew that she was only 13.
They developed an interest in each other and began to meet outside of work, deliberately keeping it secret.
The relationship became physical.
In text messages there were references to further sexual activity, including the fact that the girl was 13, to which he replied, "But you're my girlfriend."
She later performed oral sex on him.
The day after that act, which is the subject of the child sex offence, the girl's parents found messages on her phone.
The young man was arrested.
Documents tendered to court refer to messages between the pair, in which they discussed what sexual acts she would be willing to do.
The court heard that the messages suggested that the girl's willingness reflected her affection for him and her fear of losing him.
In the messages, the young man also says the decisions were up to the girl, and that he didn't want to pressure her.
After the oral sex act, the girl apparently told a friend she was "dating" the teenager, but he found out.
He was angry and told her that they should stop dating because of their age difference, and just be friends.
That upset the victim.
During his sentencing earlier this month, the teenager addressed the court, and expressed remorse.
"I felt guilty after [the sexual acts] happened, realising that it was wrong at the time, and I believed that the only way that I could stop that was to end the relationship."
Sentencing judge Hilary Penfold said the teenager had accepted responsibility for all the actions, saying they were all his doing.
The girl too addressed the court.
She described being happy during the brief time they were in a relationship and distressed when it ended and her parents found out.
Her parents were reluctant to trust her afterwards, and former school friends treated her "unkindly" as various versions of the story spread, the judge noted.
The girl reported suicidal thoughts, and a drop in her grades at school, and lower self-esteem.
"It is clear that her relationship with [the young man] has not, overall, been good for her," Justice Penfold said.
She said there was a need to deter premature sexual activity, in particular, "teenage boys need to recognise the need, in everyone's interests, to avoid sexual activity with underage girls even if those girls seem to be willing".
But she said in this case there was little need for deterrence. "I doubt that [he] will repeat these mistakes," she said.
Justice Penfold sentenced the teenager, now 18, to a two-year good behaviour order and 96 hours of community service.
Because he was 17 - a young person under the law - defence lawyers asked the judge to consider whether it was appropriate to list him on the child sex offender register.
Justice Penfold found it was not appropriate, noting, among other matters, the relative seriousness of the crimes.
She said it was less serious, compared, for example, to a violent sexual act an adult inflicted on a child, which would be captured by the same offence.
"I am also satisfied that [the young man] poses no risk to the lives or sexual safety of anyone in the community."
