A 22-YEAR-OLD man will spend four months behind bars after he admitted having sex five times with a 13-year-old girl and once with a 15-year-old girl during a four-month period.
The defendant, who was 21 at the time, pleaded guilty in the Bundaberg District Court to six counts of carnal knowledge of a child under 16 and four counts of indecent treatment of a child under 16.
Crown prosecutor Susan Hedge said the defendant knew both girls through mutual acquaintances and was aware of the girls' ages when he had sex with them.
The court heard the defendant and the15-year-old complainant became friends on Facebook and, after meeting at a Bundaberg shopping centre, went back to the defendant's house where they had sex and showered together.
Ms Hedge said the 15-year-old complainant's mother became aware of what occurred after she was contacted by the defendant's ex-partner.
She said the complainant later said she was "saying no in her head but did not say it out loud".
Ms Hedge said in a police interview the defendant said he distanced himself from the 15-year-old girl when he "found her to be clingy".
The court heard in December 2014 the defendant started spending time with the 13-year old complainant, both at his unit and at her family home.
Ms Hedge when police interviewed the 13-year-old complainant she said she had sex with the defendant on one occasion and it was the defendant who admitted they also had consensual sex on four other occasions.
The court heard on three of those occasions they had sex at the defendant's unit and on two occasions they had sex at the complainant's house, without the knowledge of the girls family members who were home at the time.
Ms Hedge said while the defendant had shown remorse, those feeling did not deter him.
"While he recognised it was wrong...he nevertheless continued," she said.
Defence barrister John Allen said the sexual intercourse between his client and both complainants was "mutually consensual" and on the defendant's admission, the 13-year-old girl "was a willing participant" who initiated the sexual relations.
"It was the defendant who brought it to a stop," he said.
Mr Allen told the court his client had been diagnosed with PTSD and abused alcohol to self-medicate.
"It diminished his decision making, reduced his impulse control and impaired his judgement," he said.
In sentencing Judge Tony Moynihan said the defendant knew it was wrong but offended anyway but took into account the defendant volunteered most of the information to police.
The defendant was sentence to 18 months jail, suspended after four.
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