A central Victorian man who allegedly groomed a child and committed serious sexual offences had his bail application denied in the Bendigo Magistrates Court on Tuesday, December 20, 2022.
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The man, who cannot be named for legal reasons, was charged for sexual penetration of a child and child abuse images.
Magistrate Sharon McRae said the accused's alleged offending was not on the lower end of the scale and was "intense" and "prolific" over the space of three months.
She said there was prolific contact between the man and the complainant, and she had reservations about granting him bail.
The court heard a witness saw the accused and the complainant together in public recently and called the police, leading to his arrest.
The man has two children who he shares with his ex partner. He was employed and the two children were in his care prior to his arrest.
The court heard the complainant - who police said was an extremely vulnerable child - was known to the accused.
It's alleged the man and the complainant would attend the same functions and the man recently attended her birthday party and bought her jewellery as a birthday present.
Police allege the accused started communicating with the complainant and they started a relationship.
The court heard the accused got the victim to leave school and meet at certain locations and the complainant's friend would come but would go for a walk while they engaged in sexual activity.
Police allege the man also encouraged the complainant to leave her friend's house and gave the friend cigarettes.
Police said the complainant has been groomed and said she fell in love with the accused.
The court heard the accused and the complainant were saved in each other's Snapchat as 'husband' and 'wife.'
According to police, the man deleted his snapchat account but it was recovered through forensics.
The court heard the accused allegedly called the complainant 48 times on Snapchat, they exchanged photos of a sexual nature on Snapchat, the accused sent several lewd messages, and the pair engaged in sexual activity over a period of three months.
Police said the accused and the complainant had conversations about being boyfriend and girlfriend.
The accused also allegedly showed his mother photos of the complainant and she said the complainant didn't look 18.
Police allege the man lied to the complainant for his own sexual benefit and he knew how old the complainant was.
The court heard the complainant confirmed the accused's identity and what had occurred.
Police said the interview with the accused was lengthy and he admitted he had feelings for the complainant and admitted the charge of sexual penetration of a child under 16. Police's investigation remains ongoing.
"He's deeply distressed at the situation he's found himself in," lawyer Karin Temperley said.
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She said his daughter was of similar age and he would be concerned if she was in a similar position.
Ms Temperley said the accused had full custody of his kids and was the primary carer.
She said the man had no similar or related offending, he made admissions, hadn't breached bail conditions and agreed to an order being put in place against him contacting the complainant.
Ms Temperley said the man was diagnosed with depression and was keen to engage with mental health supports.
"He's not in a well space at this time," she said.
The court heard the man had recently attempted suicide.
The court was told the complainant loved the accused and he would have difficulty not seeing her or engaging in activity. They said he might get her to revoke her statements or change her version of events.
Police said they believe the man should not be granted bail as he would could endanger the complainant and the investigation.
Police said their case was strong and an order would not deter his urges.
They said his mental state was precarious and was an unacceptable risk who would fail to appear on bail or comply with orders.
Magistrate McRae said she was not convinced the accused's children would be put back in his care given the nature of the allegations.
"I'm still not satisfied today ... that you would not interfere with witnesses," she said.
"I'm not satisfied that you're not an unacceptable risk."
The man's bail was refused and an order was put in place to stop him from contacting or seeing the complainant or going near her home or school.
The accused will return to court early next year for a filing hearing.
If you or someone you know needs support, contact:
- Lifeline 13 11 14
- Talk it Out, 1300 022 946, talkitoutmurray.org.au
- BeyondBlue on 1300 22 4636 or beyondblue.org.au
- Headspace Bendigo, 5406 1400, headspace.org.au/
- If life is in danger call Triple Zero (000).
If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.
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