A Wendouree man who had sex with a teenager and impregnated her has avoided an immediate term of imprisonment.
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The 20-year-old man, who The Courier cannot name in order to protect the identity of the victim, was convicted and sentenced to an 18-month community corrections order on Wednesday.
The County Court of Victoria was told the man had sex with the 15-year-old girl five times on three occasions between February and October, 2018.
The man was aged 17 and 18 when he was in a relationship with the girl. Their encounter ended when she fell pregnant.
Judge Michael Bourke said the man would not be sentenced to prison because the relationship started before the man knew the girl's age, he had pleaded guilty, co-operated with police, he was young, he had a disadvantaged background and there had been a two-year delay in the case.
The man had no prior criminal offences, the court was told.
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"I find it was a genuine relationship. It was consensually sexual from an early time," Judge Bourke said.
"A sentence of imprisonment would not be just."
He said the teenager now had a one-year-old child and the man had provided financial support.
"No victim impact statement has been tendered but there is little doubt the offending has seriously impacted (the victim). That must be taken into account," Judge Bourke said.
"Sexual penetration of a child under 16 is serious offending."
The judge said the important sentencing considerations were moral culpability, denunciation, community protection, deterrence and punishment.
As part of the 18-month community corrections order, the man will be under supervision, complete drug and mental health assessment and treatment, and undergo programs to suit his offending.
The judge told the man, who appeared via a video link, training and employment was critical for his future.
"You need to listen to people who are going to help you do that," Judge Bourke said.
The man pleaded guilty to one count of sexually penetrating a child under 16. He would have been sentenced to a two-and-a-half-year community corrections order if he did not plead guilty, according to the judge.
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