‘Girls’ folly and stupidity exploited’

Press, 18 December 1986, Page 4

‘Girls’ folly and stupidity exploited’

A man aged 56 who did indecencies on two girls aged 14 in his work place was told by Mr Justice Hardie Boys in the High Court yesterday that he had exploited their folly, stupidity and immorality for his own self-gratifica-tion.

Society expected adult, mature people to behave responsibly towards children, his Honour said. He jailed the defendant, who is self-employed, for nine months. These are concurrent terms of nine months each on seven charges of indecently assaulting one girl, aged 14, and doing an indecent act on another girl, aged 14.

The offences occurred between February 2 and August 3. On a charge of unlawfully receiving a video worth $1970 between November 3, 1983 and February 1, 1984, the defendant was convicted and discharged. He was appearing for sentence after having pleaded guilty to all offences in the District Court.

Final suppression of the

man’s name was granted on the application of defence counsel, Mr J. S. Fairclough, supported by the Crown, because of the possibility that the publication of the man’s name and the business he owned could lead to the identification of the girls. Mr Fairclough, in his submissions before the man was sentenced, said the defendant had been encouraged in committing the offences by the girl complainants. He submitted that the case was not one in which the defendant had robbed the girls of their childhood.

They were not children in at least their knowledge and experience of one side of life.

The police summary, read at the defendant’s appearance in the District Court, said one of the girls had worked part-time at the defendant’s business. Indecencies had taken place in the premises, when trade was slack, and on each occasion the defendant shut the business and placed a blanket across the window.

Another young girl visited the premises on the invitation of the first girl.

The defendant closed the premises, placed the blanket over the window, gave the girls glue to sniff, partly removed their clothing and indecently assaulted them. In explanation, the defendant admitted supplying glue to the girls to help them relax.

He also said he did not think age mattered as long as the girls were willing. Mr Fairclough said the girl involved had worked for the defendant on a somewhat casual basis for two months before the offending began. During this time the girl had told him in somewhat explicit detail her sexual 1 experiences. The defendant made the initial approach, but was not rebuffed by the girl. He was not even just tacitly accepted, but was encouraged by her. Mr Fairclough said a disturbing feature was that payments took place on each occasion; but the

payments were expected

Counsel said that one girl requested payment in money and condoms, saying she kept these available so she could have sex with her boy friends.

On an occasion when the second complainant was involved, the proceeds were shared between the two.

Mr Fairclough said the girl the defendant employed had asked to bring her friend to the premises. The defendant had not initiated her visit. On two occasions the first complainant had telephoned the defendant and told him her mother was out, and asking if he wanted to call at her home and engage in sexual play for a few dollars. This did not eventuate.

Referring to the girls’ use of glue, Mr Fairclough said the defendant kept glue at his premises to glue cartons.

He had asked the first complainant if she wanted any and she said she did. He then made glue available to her. The defendant had

stated she appeared to be familiar with its use, counsel said.

Mr Fairclough said that because of the willingness of the complainants, and the encouragement he received, the defendant did not turn his mind to the criminality of his actions.

He did not believe at that stage that his conduct was criminal.

Mr Fairclough said the defendant had worked up to 80 to 90 hours a week, seven days a week in his business and with the stress of this he sought relief in alcohol.

That added to his problems, and the combination led to his succumbing to the offending. At any other stage of his life the defendant might have had the strength of will to resist it. He had no previous record of sexual’ offending. He appeared before the court for the first time, and was a good husband and father. Counsel submitted that a sentence lesser than imprisonment be imposed, and said the defendant

had substantial funds if a fine was contemplated. Mr D. J: L. Saunders, for the Crown, said inquiries indicated that it appeared the parental attitude displayed by one complainant’s mother towards sexual matters would be considered far more liberal than normally accepted. He said the police officer in charge of the case accepted that payment took place, in money and condoms. Mr Saunders said there could be a distinction drawn between the two complainants. The first complainant’s attitude no doubt was influenced by her mother’s attitude to sexual matters.

The other complainant was considered to be inexperienced in sexual matters and there was no reason to believe she had a previous sexual history or encouraged the defendant in her conduct. His Honour said it was sad to see a man of the defendant’s age, with a previously unblemished record, before the Court. He said one of the girls

clearly was a very willing participant and possibly to a degree incited the defendant in what he did.

However, the defendant was aged 56, and was an employer of one of the girls.

An aggravating factor had been the defendant’s supplying glue to the girls to sniff, to weaken their inhibitions.

The defendant had behaved quite disgracefully and reprehensibly towards the second complainant.

His Honour said he was concerned that the defendant, even now, did not appreciate the seriousness of his actions.

In his favour, the defendant was entitled to a great deal of credit for the life he had led until now. He had been hardworking, perhaps too hard-working, and was a good husband and caring father.

A prison sentence was necessary, but the term would not be nearly as long as if the girls’ positions had been different, his Honour said.