By Cam Lucadou-Wells
A 59-year-old father of two has been handed a suspended jail sentence over the sexual abuse of a girl in Narre Warren South 23 years ago.
The man, who is not named so to not identify the victim, had been minding his neighbours’ daughter aged between 7 and 9 at his home at the time.
He was found guilty by a Victorian County Court jury of four indecent acts with a child under 16, and not guilty of three other charges.
The four acts happened during a ‘Truth or Dare’ game initiated by the man, who is 30 years older than his victim.
His family and the neighbours were close friends at the time, with children of similar ages.
The man was in a “position of trust” minding his friends’ daughter in a place they thought was “safe”, sentencing judge Carolene Gwynn noted on 9 May.
The girl reported the incident to her parents, who chose not to pursue the matter. As an adult, she laid a complaint to police in 2016.
In a victim impact statement, the girl said her self-esteem was still affected by the abuse.
She grew up with feelings of isolation, guilt and shame. For years, she had trouble trusting male authority figures, her relationship with her parents was impacted and she had self-harmed.
Now she has constant concerns for her own children’s safety.
“I will never be able to recover who I was and could have been.
“It happened at such a vulnerable age. I grieve the lost innocence every day.”
The man, who pleaded not guilty, maintained he was innocent.
Judge Gwynn said the victim’s statement was a “stark reminder” that the impact of child sexual abuse endures a long time after the event.
“There is a harsh reality in that the offenders move on with their lives while the victims of sexual offending simply do not.”
She said the sentence would be less severe due to the “extraordinary” and “unprecedented” delay of six aborted trials since the man was charged in 2017.
Three of the trials were abandoned due to the Covid pandemic. Twice, the jury was discharged and another abandoned due to a prosecutor falling ill.
All were reasons out of the man’s control that added additional stress on him, the victim and the victim’s family, the judge noted.
She denounced his offending as “serious” and “abhorrent”, his moral culpability as high, but noted the offending was without “aggravating” features such as penetration.
The Noble Park-raised man had no relevant criminal history before or since, and his rehabilitation prospects were “excellent, if not achieved”.
“I find you do not pose a risk to the community.”
If jailed, the accused was at an elevated risk of severely worsened mental health, Judge Gwynn found.
She noted his complete lack of familiarity with prison, being separated from his wife of 38 years, his depression and suicide attempt since charged, as well as immobility due to a degenerative spinal condition.
In what was an “extremely difficult” sentencing exercise, the man’s 31-month jail sentence was fully suspended for three years.
He must report as a registered sexual offender for eight years.
