A Canberra school boy who raped a 14-year-old girl after urging her to skip class with him has avoided jail time after being sentenced in the ACT Supreme Court.
WARNING: The following story contains graphic content.
The then-15-year-old pleaded guilty to the sexual assault, later acknowledging the impact it must have had on the victim.
The court heard the pair had been part of a wide circle of friends, who regularly communicated on Snapchat and other social media platforms.
In her judgment, Justice Louise Taylor noted the pair began messaging privately.
Justice Taylor said that during one school day the girl received a message from the boy to meet him in a stairwell.
“The young person told the victim to wag class and meet up with him and his friend,” Justice Taylor said.
The judgment goes on to record how the boy was living at his friend’s house at the time, and that the three of them caught a bus from school to the home.
Justice Taylor said initially the victim raised concerns the boy had a girlfriend.
“The victim said to the young person they couldn’t do it while he was still dating [the girlfriend],” Justice Taylor said.
“The young person promised the victim that he was going to break up with [his girlfriend]. The victim responded by saying, ‘Okay but I won’t do it without protection’.”
Boy ignored protests to stop
The court ruling details a series of events, during which the girl said the boy ignored her protests to stop.
“Throughout the intercourse the young person continued to tell the victim that he wanted to do it and that he knew the victim also ‘wanted it’,” Justice Taylor said.
“The victim responded to him saying, ‘I don’t’.
“The victim continued to try to push the young person off her.
“After a while the young person stopped … and just lay next to her and looked at his phone.”
Justice Taylor said the girl did not initially tell anyone.
“The next day the victim found out that after being with her, the young person had gone to his girlfriend’s home and ‘did stuff with her’,” Justice Taylor said.
The court heard that left the victim feeling used, and she took her complaint to police.
The boy initially told police the sex had been consensual, but later admitted to wrongdoing. (ABC News)
Victim says her life has been devastated
During his police interview the boy said the sex had been consensual.
He later told an interviewer he didn’t agree with the statement of facts, suggested only some portions were accurate and said the victim never said no.
Justice Taylor noted that at the same time he said he was writing a letter of apology to the girl.
In a later interview with a psychologist the boy admitted his wrongdoing.
“I know I f****d up … I can only imagine what it has done to her [mentally], it has also made the lives of lots of people really difficult.”
Justice Taylor said he also showed some insight into the severity of sexual offending generally when he said “it is disgusting, there would be no enjoyment in that”.
In her victim impact statement, the girl told the court her life had been devastated by the events.
She said she was scared of leaving her home, for fear of running into the boy, or any of their former friendship group.
The girl told the court she had to change schools because of bullying and threats she experienced after reporting what had happened.
She also said she had been the subject of comments about the matter from people she did not know.
According to the ACT Supreme Court ruling, the girl said the boy ignored her protests to stop. (ABC News: Matt Roberts)
Suspended sentence handed down
Justice Taylor said she was satisfied the boy committed the offence “in circumstances where he knew she was not consenting”.
She said she also believed he had shown some remorse.
“I am satisfied that the young person does feel a degree of remorse for his conduct,” Justice Taylor said.
“His capacity to articulate as much and to have extensive insight into his offending conduct is inhibited by his complex psychological and cognitive state.”
Psychological evidence about the boy revealed his childhood had been marked by neglect, abuse and abandonment, leading to other problems.
“During the clinical interview, the young person impressed as having a mild impairment in social functioning, as he struggled to navigate feeing angry about the offence,” Justice Taylor said.
But Justice Taylor said there was evidence he had worked on changing his life, through working, finding stable accommodation and cutting ties with his old friends.
Justice Taylor said the boy had also been assessed as low risk of reoffending.
The boy has been given a suspended sentence of one year and two months, with a good behaviour bond.
He will not be placed on the child sex offenders register.