Mark Viray awaits NSW District Court sentencing for child prostitution

"The complainant on several occasions expressed that she was unsure and he just offered her more money," Justice Tanya Bright said on Thursday.

Mark Roldan Viray faced the NSW District Court after pleading guilty to acting as a client with a child in prostitution.

As it stands, a charge of having sexual intercourse with a child will also be taken into account in the Queanbeyan offender's sentencing.

Agreed facts tendered to the court outline the 38-year-old man's predatory crime, the induced sexual assault of a child, for which he was "the instigator".

Viray and the victim first began speaking on social media app Snapchat, where the child said she was 14 and the pair agreed to have sex for money.

By law, a child cannot consent to sex with an adult.

The offender initially told the victim he was 19 but later lied again and said he was 23 before they eventually met up in July 2021 at Lanyon Marketplace in Conder.

"The complainant stated she wasn't sure she wanted to proceed with the sexual intercourse," agreed facts state.

While the pair initially agreed on oral sex for $100, Viray increased his offering to $200 and then $300 to persuade the child into having penile-vaginal sex.

The victim reported the incident to her mother a week after and later to police.

Justice Bright said Viray's letter of apology to the victim showed a lack of insight into his crimes and the dynamics of child sexual assault.

"It's highly unlikely a [now] 16-year-old who had been subjected to these acts would be likely to speak to him," the judge said.

"I expect he still doesn't completely understand the seriousness of the offending."

MORE COURT AND CRIME NEWS:

Justice Bright said she accepted the man had shown remorse for his actions.

"If you don't fully understand the impacts of your crime, then it does somewhat reduce your capacity to be remorseful," she said.

Prosecutor Jillian Walshe said Viray's lack of insight was further demonstrated by him claiming the girl looked older than her age, which "formed another basis as to why he continued".

"He admits he was being selfish and nothing stopped him," Ms Walshe said.

Defence lawyer Luke Vozella said his client's offending was "opportunistic" and that "pre-planning was minimal".

However, Justice Bright responded there was some "forethought" for Viray to take the victim to an empty home.

"He's obviously thought, 'that's an opportunity for me, there's going to be no one home at that time'," the judge said.

"It wasn't spontaneous."

Viray has spent over a year in custody for his offending.

The matter is set to return next week.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: