Baby boy fathered by 12-year-old and her step dad
A CENTRAL Queensland man who got his 12-year-old step-daughter pregnant, ruining her life and potentially ruining the baby's life, has been jailed for 5.5 years.
The 29-year-old man pleaded guilty in Rockhampton District Court on Wednesday to one count of indecent treatment of a child and four counts of incest.
Crown prosecutor Megan Jones said there were two victims - sisters - with the eldest being the victim in first offence of indecent treatment of a child under the age of 16 who was in his care.
The court heard the defendant, after a night of drinking alcohol, lay down behind the victim who was sleeping on a mattress on the floor of his and his partner's bedroom.
The defendant grabbed her buttocks and then grabbed her breasts on top of her clothing.
The victim pushed his hand away and told him to stop, but his hand returned to grab it again multiple times.
The girl ended up rolling away on to the floor where she slept for the rest of the night.
The court heard she complained to her mother about this about a month later and when the defendant was confronted, he denied any of it happening.
His attention then turned to the younger sister who he claimed "rubbed herself on his legs and his penis" and he "couldn't resist" despite knowing it was wrong.
The incest offending was discovered when Child Safety officers attended the girl's school and she was "visibly pregnant".
Judge Michael Burnett asked why the defendant wasn't charged with rape.
Ms Jones said police were able to get some details from the girl and were able to determine three of the incest events took place when she was 12 and the first may have happened when she was 11.
Incest charges do not require the prosecution to prove non-consent.
Ms Jones said the defendant denied rape.
"He said the victim came on to him," she said.
"That he knew it was wrong, but he couldn't resist."
Judge Burnett then asked why the defendant wasn't charged with maintaining a sexual relationship with a child.
Ms Jones said the offending didn't meet the criteria.
According to Potts Lawyers website, it must be proved that the ongoing relationship was continuity or habituality of sexual conduct, not isolated incidents.
Ms Jones said the defendant told police they had sex maybe four times, while the child said about seven.
She said the child described the incidents as some when her mother was not home, and once in the back seat of a car.
Ms Jones said no condom was used during any of the acts.
"She became pregnant," she said.
"She gave birth to his son."
Ms Jones said DNA tests confirmed the defendant was the biological father of the child.
Defence barrister Tom Polley said the defendant was diagnosed with paranoid schizophrenia and had stopped taking his medication during the time of this offending.
"He takes it until he feels well and then stops taking it," he said.
Mr Polley said his client now understands he must continue to take his medication as prescribed.
He said the man had been working at a Central Queensland sawmill but stopped working six months prior to this offending.
Judge Burnett said when investigators became involved, the girl was already "visibly pregnant".
"You have not only destroyed the life of that child, but there is always the prospect of you having destroyed the life of the child that was born," he said.
"You tried to place the blame on her by claiming she rubbed herself up against your legs and penis."
Judge Burnett sentenced the man to five years and six months prison, declared 307 days presentence custody with parole eligibility on December 22, 2019.
He said the man will serve at least 20-months in prison.