Ballarat man faces court over incest, child abuse charges

A Ballarat man who pleaded guilty to incest will spend years in prison, after a sentencing hearing on Friday.

The 35-year-old man, who cannot be named for legal reasons, appeared remotely at the County Court in Ballarat to hear his sentence after an earlier hearing on Wednesday.

He pleaded guilty to six counts of sexual penetration of a step-child and two counts of sexually assaulting a child under the age of 16.

The offending occurred during a period between 2018 and 2020, when the victim, the man's step-daughter, was in her pre-teen and teen years.

In each incident the man penetrated the teen with his fingers.

Judge John Smallwood referred to comments made by Justice Kenneth Marks in the Court of Appeal at the Supreme Court of Victoria, when handing down his remarks.

"A society which fails to protect its children from sexual abuse by adults, particularly those entrusted with their care, is degenerate," the judge said.

The man was given an eight year prison sentence, with four years and 10 months non-parole.

He will also be placed on the sex offenders registry for life.

Had he not pleaded guilty, and was found guilty, he would have received a sentence exceeding 14 years.

"This is very serious offending indeed, had you denied it... I would have given you something in the order of 14 years for it," Judge Smallwood said.

PREVIOUSLY:

A 17-year-old victim of sexual assault and incest has taken the stand in court to detail the turmoil stemming from the crime committed against her.

In a victim impact statement read aloud to the County Court in Ballarat, the girl said her life had been "flipped upside down" after being molested multiple times by her stepfather throughout her early teens.

"For the past 10 years I have kept a secret that made me feel like I would suffocate," the girl said.

"The day I reported this crime was the day I lost the most important thing in my life, my family. Everything in my life had been flipped upside down.

"This crime will continue to impact my life, I will never fully be able to express in words the emotional, physical or psychological damage I have suffered and continue to suffer."

The statement was read as part of proceedings against a 35-year-old Ballarat man who pleaded guilty to five counts of incest and three counts of sexually assaulting a child under the age of 16 - each involving the same victim, the man's stepdaughter.

The man cannot be named for legal reasons.

The assaults began when the girl was 12-years-old, however the court heard allegations of uncharged molestation of the girl when she was as young as nine.

Between 2018 and 2020, the 35-year-old man sexually penetrated the girl with his fingers on five separate occasions, all inside the home in which they lived together, and often when other occupants were not at home.

It was only until 2022, when the teenager attempted to take her own life, that the incident was brought to light to the police.

The victim described the difficult process of coming forward with her story, which resulted in a breakdown of her family life.

"Little did I know back then, I had to choose between coming forward or having a relationship with the ones I loved the most in the world," the girl said.

"Anxiety, feelings of sadness and hopelessness is something I have become familiar with.

"I will look back and be proud of myself for speaking the truth."

A letter of apology from the stepfather was also read aloud in court in which the man said he was seeking psychological help.

"I write this letter with a sorry broken heart for you," the letter read.

"I understand and acknowledge that my behaviour is in complete contrast to that of a loving and caring stepfather.

"It is a shocking thought to me that I have done this to you. I am a monster."

Judge John Smallwood said he would take some time to consider the sentence for the offending.

The charge of incest carries a 25 year maximum penalty, and sexual assault of a child under the age of 16 carries a maximum 10 year sentence.

IN THE NEWS

The 35-year-old's barrister told the court his client had been "full and upfront" with police when the allegations came forward, and was "remorseful" for the offending.

Judge Smallwood said the plea would be taken into consideration, as it saved the teenage victim the experience of having to give evidence in a contested trial.

The 35-year-old will also be put on the sex offenders registry for life.

Before adjourning the hearing, Judge Smallwood had a message for the 17-year-old girl who sat in court.

"It is not your fault, and it never was," the judge said.

The matter will return to court on Friday for sentencing.

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