No time behind bars for indecent treatment of child
AN 18-year-old who molested a 13-year-old girl will spend no time behind bars after she was sentenced in Gladstone District Court on Tuesday.
Kate Louise Humphries, now 19, began tearing up as she could barely let out her guilty to plea to five counts of indecent treatment of a child under 16.
Crown prosecutor Samantha O'Rourke told the court the most serious of the offending occurred in April 2019 when Humphries and a male co-offender penetrated the young girl using fingers and Humphries watched as the man performed oral sex on the girl.
Ms O'Rourke said Humphries told the girl not to tell anyone.
On another occasion in May, Humphries had passionately kissed the girl.
Ms O'Rourke told the court the offending came to light when the girl's mother found diary entries about the events, which although the victim initially said were false, the girl eventually confirmed the events to police.
Defence Barrister Maree Willey tendered a psychiatrist report which she relied on to argue exceptional circumstances while Humphries wiped tears from her face.
Ms Willey said the girl was a willing participant in the act and there was a small difference in age between the two, but conceded she was under aged.
She said her client's youthful age, lack of criminal history and otherwise good character stood in her favour.
Ms Willey told the court Humphries had grown up in a household of drugs, alcohol and domestic violence and had shown features of post traumatic stress disorder.
Judge Michael Burnett accepted there were exceptional circumstances but was concerned Humphries had told the girl not to tell anyone.
"Plainly, you knew what was going on was not right," Judge Burnett said.
Judge Burnett noted in the victim impact statement the girl had become more reserved, less trusting and was embarrassed by the incident.
"Young women are particularly vulnerable and need protection from their own stupidity," he said.
Humphries was sentenced to two years imprisonment immediately suspended for three years and 18 months probation.