A Tasmanian man who raped his 10-year-old niece on a family camping trip has been jailed for four years and four months.
The man, who can only be identified as CBF, was found guilty by a jury of one count of rape.
Justice Helen Wood sentenced him in the Supreme Court of Tasmania on September 2.
The court heard the girl joined relatives on a camping trip to Tooms Lake in the state’s Midlands in April 2021.
On the night of May 2, 2021, the man offered to let the girl sleep in his swag by the campfire.
Justice Wood found the man, who had been drinking heavily, later got into the swag and sexually assaulted the girl while he believed she was asleep.
“The defendant saw her vulnerability, as a sleeping child, as presenting him with an opportunity for sexual gratification and he took advantage of her vulnerability in a terrible way, without any thought or care for the child,” she said.
The girl pretended to wake up, made an excuse to leave and immediately texted her mother and sister for help.
Justice Wood said the man’s drinking did not lessen his guilt.
“His drunkenness is obviously no excuse and does not reduce, in any way, the seriousness of his crime,” she said.
She described the crime as a grave betrayal of the girl and her mother, who had trusted the man to keep her daughter safe.
Justice Wood said the girl had been deeply traumatised, lost her extended family and had to leave her hometown.
“It is the defendant CBF who is to blame and only he is to blame for the terrible crime he committed,” she said.
The court heard the man, who was 24 at the time and is now 30, continues to deny his guilt.
Justice Wood took into account his work history, young age at the time of the offence and lack of prior sexual offending.
She also noted it took two years for the man to be charged and more than five years for the case to be resolved.
“A lengthy term of imprisonment is inevitable,” she said.
12 months of the sentence was suspended and the sentence was backdated to May 27, when the man was remanded in custody.
Justice Wood praised the girl, now 16, for speaking up.
“The courts depend on young people having the courage to come forward and disclose crimes committed against them so the courts can dispense justice and by doing so, ultimately protect others in the community,” she said.
If you or anyone you know needs help, contact 1800RESPECT on 1800 737 732, Lifeline on 13 11 14 or Kids Helpline on 1800 55 1800.
