Married man has sex with girl, 13, gets her pregnant
A married man who got a 13-year-old girl pregnant told his psychologist he was allergic to condoms.
Nathan John Verner, now 39, was handed a suspended sentence on Wednesday for carnal knowledge in 2017.
Maroochydore District Court heard he had recently separated from his wife when he had unprotected sex with the teenage girl on three separate occasions.
She was not related to him.
"She became pregnant and she gave birth to a child fathered by him," crown prosecutor Christopher Cook said.
"DNA testing indeed confirmed that Mr Verner is the father of the child.
"The fact that the offence produced a child is a serious aggravating feature."
Verner told police he didn't realise how young the girl was but a friend had told him she was 15.
Mr Cook argued Verner should have inquired further to find out the girl's real age.
"The law of course places the onus on him," he said.
Verner on Wednesday pleaded guilty to three counts of carnal knowledge.
He had no prior criminal history.
Defence barrister Nathan Turner said Verner, who had a son from a previous relationship, had no contact with the girl since the offence.
He tendered to the court a picture of the girl at the time of the offending.
"In my submission, you could draw an inference that the complainant was not a child that looked under the age she actually was," Mr Turner said.
"It's not the case that she looked like a 12-year-old child."
Judge Glen Cash said he couldn't consider the photo.
"Because my subjective view of whether someone looks like a young person, or of their age or not, is my view," Judge Cash said.
"And that's going to differ from yours and Mr Cook's and everyone else's."
Mr Turner argued Judge Cash could find exceptional circumstances and not sentence Verner to actual jail.
He said Verner had a learning development impairment which a psychologist found could lead to poor judgment and gullibility.
"She was not a naive girl and the defendant was not her first sexual partner," Mr Turner said.
Judge Cash considered Verner's timely guilty pleas, lack of criminal history and co-operation with police.
"You did not use force, intoxicants or intimidation to have her submit to sex," he said.
Judge Cash found there was exceptional circumstances and sentenced Verner to two years in jail, wholly suspended.