‘Like a lollipop’: Child rapist's vile words to tiny victim
A MACKAY man will only spend another three months in jail for walking into a house and raping an eight-year-old child.
Rogelio Acosta Ruiz made the little girl put his penis in her mouth and "told her to think of it as a lollipop".
Mackay District Court heard he also touched her inappropriately and made her touch him, he turned away from her when he ejaculated.
Crown prosecutor Gelma Meoli said Ruiz came upon the child alone in her Mackay home - he knew her parents.
The court heard even though she told Philippine-born Ruiz 'no' on at least one occasion, he persisted.
Afterwards he told her not to tell anyone and left - she washed her mouth out in a sink.
He later described this to police as a "gentle" warning, said no force was used and denied being aroused.
Today the 35-year-old married father pleaded guilty to three charges including rape, indecent treatment of a child under 12 and procuring a child under 12 to commit an indecent act.
The offending occurred in the second half of 2017 but only came to police attention early this year after the child's father overheard her speaking with friends.
Defence barrister Matthew Heelan said Ruiz had a hard childhood against a background of poverty but, through his determination, moved to Australia with his family in 2009 and became a citizen about five years ago.
"He's become somewhat of a role model for the younger people who know his story back in the Philippines," Mr Heelan said.
"There has been a great deal for him to lose."
No reason was given for why Ruiz committed the offences.
The court heard Ruiz was candid with police offering details beyond what the child had told officers and resulting in a charge that otherwise could not have been laid.
Mr Heelan said Ruiz sincerely remorseful for his actions.
"He has spent the past nine months sitting in jail thinking about his actions, regretting his actions," Mr Heelan said about the "one-off incident".
Judge Suzanne Sheridan labelled the offending as opportunistic and weighed up Ruiz's lack of criminal history and how candid he was with police
She agreed with Mr Heelan and jailed Ruiz for three years to be suspended after 12 months. Ruiz has already spent 277 days in custody, which was considered time already served.
The remaining two years will hang over Ruiz's head for three years - meaning he cannot commit any offences punishable by imprisonment or he risks going back to jail.
*For 24-hour sexual violence support call the national hotline 1800RESPECT on 1800 737 732 or MensLine on 1800 600 636.