News Service from House Harris

NT: Man spends one day in prison for sex with girl

DARWIN, April 1 AAP - A man has spent only one day in prison for having sex with his 14-year-old girlfriend because neither of them understood they were breaking the law.

The 22-year-old man, who was 19 years of age at the time of the offending, pleaded guilty to having sex with a child at a remote Aboriginal community near Tennant Creek between July and November 2005.

The offending carries a maximum sentence of 16 years in prison.

Justice Sally Thomas told the Northern Territory Supreme Court in Alice Springs last week the sexual encounter took place after a Friday night disco.

"After a while the victim asked the offender to stop, which he did, and she pushed the offender off her, as it was hurting," she said.

"She then got up, put her pants back on and went home."

The couple had been in a relationship for "some period of time" and had his parents' approval.

"It appears that none of them really understood that it was, in fact, against the law to have sexual intercourse with a girl under the age of 16," Justice Thomas said.

The offending only came to light after the man tested positive to gonorrhoea and chlamydia, and alerted health authorities to his partner.

"Owing to the complainant's age, police were notified and an investigation commenced," Justice Thomas said.

At the outset of the case the crown conceded it could be dealt with using a suspended sentence and Justice Thomas agreed, saying there was not a great age gap between the couple.

"I accept that now (the defendant) and his parents fully understand the law which makes it an offence to engage in sexual activity with a young woman under the age of 16," she said.

Justice Thomas said the man had lived most of his life in the community and had limited formal education.

She said that he had already spent one day in custody, which satisfied the provisions of the Act that required the court to impose an actual term of imprisonment.

Justice Thomas said she hoped "word was getting out" that it was an offence to have sex with underage girls.

She convicted the man and sentenced him to six months imprisonment, suspended immediately.