Youth rapist avoids further punishment
A CONVICTED youth rapist, still suffering from the trauma of finding his mother's body after she had been stabbed to death, has escaped further detention over a sexual attack against his friend at Holloway's Beach.
Then 17, the boy held the drunk girl, also 17, face down in the sand as he raped her without a condom after the pair had walked away from the main group during a beach party in December last year.
The Children's Court of Queensland heard her whole life had been affected and the only way she knows how to cope is to pretend it didn't happen. This morning her rapist was allowed to walk free.
He had denied the allegations claiming the sex had been consensual, but was found guilty of one count of rape by Judge Dean Morzone.
The now 18-year-old had spent the last 86 days at Lotus Glen with his father, who is accused of murdering the teen's mother.
The court heard that the youth, who cannot be named for legal reasons, had found her dead body after returning from school and was still suffering from grief and loss. The case involving his father remains before the courts.
Crown prosecutor Nicole Friedewald said a psychologist report showed the boy maintained his innocence and blamed the victim and her friends for lying throughout the trial. He also blamed others, including Judge Morzone, for being found guilty.
He had attempted to fight the conviction but it was rejected by the Court of Appeal.
Ms Friedewald argued that the only appropriate penalty was detention.
The court heard that due to his age, if given detention, he would return to Lotus Glen and any term would be converted to parole on his release.
"He needs treatment to address historical childhood abuse, and the death, loss and grief of his mother," barrister Michael Dalton said.
Mr Dalton's ultimate submission was probation describing the boy as a "young man who has made an awful and terrible mistake".
He has no criminal history, finished school, held down work and took on a parental role for his younger siblings.
Judge Morzone QC said the teen's attitude and sense of entitlement was completely explained by his dysfunctional upbringing.
Judge Morzone said detention wouldn't further the critical matters, including the need for treatment for sexual historical abuse and grief, raised in the pre sentence report.
He placed the youth on three years probation and a conviction was not recorded.