A man who traded a price reduction on a tattoo for sexual favours from a teenage girl has avoided a jail sentence.
Simon Page, 39, of Strathmerton, pleaded guilty in the Shepparton County Court to agreeing to provide sexual services of a child, and sexual assault by compelling sexual touching.
Judge Geoff Chettle said Page tattooed the 17-year-old girl at his home on March 16, 2020.
He told the girl he could do the tattoo cheaper in exchange for sexual favours.
While driving the girl home after the tattoo, Page pulled on to a dirt road and got her to perform a sexual act on him, before saying “that wasn’t that bad”.
He then told the girl the tattoo price had dropped from $275 to $200.
Judge Chettle said Page denied any sexual activity with the girl when questioned by police.
In a victim impact statement read to the court, the girl said her trust in males was now fragile and she felt physically uncomfortable around male adults.
“This has, and will, continue to impact my life in many aspects and is something I will have to deal with for the entirety of the rest of my life,” she said.
The victim also said on the day of the assault she “vomited from shock and disgust and utter disbelief at your conduct”, Judge Chettle said.
The judge said it was “with some reluctance” that he had decided that “prison is not the only option”.
Instead, he sentenced Page to a 30-month community corrections order, which includes 300 hours of community work.
The order also includes treatment, rehabilitation and programs to reduce reoffending, with the hours spent in these programs able to count towards the community work.
Judge Chettle said a “compelling mitigating feature” of the case was issues faced by Page’s young daughter that saw her require extra care from him.
He said a prison sentence would place “exceptional hardship” on the girl and her mother — Page’s ex-partner.
“Were it not for the circumstances surrounding your daughter, I would most certainly impose prison,” Judge Chettle said.
The judge also referenced the fact Page did not have any prior criminal history and said the offences were a “low level” example of such offences.
“You mistakenly believed because she was over 16 you were not committing an offence,” Judge Chettle said.
As well as the community corrections order, Judge Chettle ordered Page be put on the Sex Offenders’ Register for eight years.
“You have been remarkably lucky not to have a jail term,” he said.