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The sexual assault of a cognitively disabled teenage girl by a group of male teenagers in Karratha, Western Australia has been described by a judge as "absolutely shameful".
Karratha District Court heard that in March 2017, eight males ranging in age from 15 to 18 at the time of the offence drove a white 12-seater van to pick up the young victim in the middle of the night, for their own sexual gratification.
Key points:
- The sentences included two suspended sentences, a 10-month detention, and an intensive youth supervision order
- The judge said each of the males had varying levels of involvement
- The victim suffered from cognitive issues and did not have protective mechanisms in place, the court heard
The eight rode in the van 40 kilometres from Roebourne to Karratha, with the 16-year-old ringleader messaging the victim.
The group picked up the 13-year-old girl from a Karratha suburb and drove her to a lookout in the town, where multiple sexual acts were performed and photographs taken.
The court heard that as the group drove away from the site, a sexual act was being performed at the back of the van involving the victim and one of the underaged males.
Local police were first notified of the incident a few weeks later when photos of the victim performing sexual acts on some of the offenders started circulating around a high school in the region.
'Very serious crimes'
In the district court on Friday, Judge Belinda Lonsdale handed down sentences for four of the eight males.
Judge Lonsdale said each of the juveniles had varying levels of involvement and all came from different personal circumstances.
An 18-year-old driver, who did not perform sexual acts but was convicted by a jury of aiding a sexual penetration charge, received a 12-month suspended sentence.
He was acquitted of three other similar charges earlier this week.
In her closing remarks, Judge Lonsdale said that although the driver, who was the only one with a licence, may not have intended for the events to play out the way they did, he nonetheless played an essential role in the violation of the girl.
The court heard the driver had told the others "not to be stupid with her".
Sexual violence entrenched in community, defence says
Two 15-year-olds were found guilty of sexual penetration with the girl.
One of the 15-year-olds received a sentence of 10 months' immediate detention and the other received an eight-month intensive youth supervision order to be served in the community.
A 17-year-old who did not engage in sexual activity, but who took photographs of the sexual acts being performed, received a nine-month suspended sentence.
The court heard some of the accused were said to suffer from cognitive impairments that made them more susceptible to peer pressure.
Defence counsel Tony Hager said it was clear none of the four males sentenced were instigators, but admitted the victim had suffered trauma.
Mr Hager said the Roebourne community continued to experience ongoing disadvantage, and sexual violence was entrenched in the community.
He said the group's conduct had been normalised.
'Sexual exploitation of a young, vulnerable girl'
State prosecutor Katrin Robinson said the males could not have picked a more vulnerable victim.
She said the girl suffered from cognitive issues and did not have protective mechanisms in place like most 13-year-old girls.
The court heard she had been neglected and abused by family and that "saying 'yes' to sex was not out of the ordinary for her".
"She couldn't say 'no', she didn't know how to," Ms Robinson said.
Two other males in the group have previously been convicted over the incident.
An 18-year-old was sentenced to two years in jail by Perth District Court in March.
During that sentencing, the victim was described as suffering from Foetal Alcohol Spectrum Disorder (FASD) and a lack of nutrition.
The court was told the victim had been exposed to chronic alcoholism, family and domestic violence, substance misuse, and exposure to people who were assessed as being unsafe around children.
Following the sexual assault last year, the victim tested positive for chlamydia and had four reportable infections.
The court heard she had also been the victim of other sexual abuse on a number of occasions before the March 2017 incident.
It was said her circumstances were so bad that she was taken into care by the Department of Family Protection, and that her needs were very high, having experienced many problems including self-harm.
The 16-year-old ringleader was sentenced in December at Perth Children's Court to 13 months in detention.
Two other juveniles involved have not been charged.
Topics: courts-and-trials, child-abuse, crime, sexual-offences, karratha-6714, perth-6000, roebourne-6718
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