A man who raped a 13-year-old girl at least four times has been jailed for seven years and nine months.
The Shepparton man, 68, pleaded guilty in the County Court to maintaining a sexual relationship with a child under 16 years.
The court heard of four occasions the man had sex with the girl over six months between late 2004 and early 2005, including in her home, in a bungalow and in a car in the Shepparton region.
On one of the occasions the girl woke to the man having sex with her.
Prosecutor Ruth Champion said the man also sexually penetrated the girl on many other occasions during that time.
The girl reported the offending to police in May 2018 when she was an adult.
In handing down his sentence Judge Gerard Mullaly took into account a number of factors including the man’s guilty plea, his old age and his ill health, which included two strokes.
He noted the prosecution accepted that due to his physical frailties and some cognitive issues that prison could be considered more burdensome for the man compared with other prisoners.
However, he said only “modest moderation” of the sentence would be made.
The man did not have any criminal priors before this offending, and had not been before the courts for any other matters since.
Judge Mullaly also noted the “terrible and life-changing impact” the crimes had had on the victim.
He said the fact the man had “exploited circumstances” to commit his crimes when adults were not around had revealed the man’s “dark character”.
He also said the man, who was aged 51 and 52 at the time, had “abused his power” as an adult by telling the girl “she would be blamed” for the offences if she told anyone.
Judge Mullaly also referenced that the man had abused the girl on other occasions during the six months, and while the man was not charged for these offences, he said this conduct “disallowed consideration it was a one-off offence”.
The man’s moral culpability was high for the offences, according to the judge.
“You knew what you were doing was wrong but you continued to do it,” he said.
“Crime involving sexual penetration of a child is a grave crime.”
Judge Mullaly jailed the man for seven years and nine months, setting a non-parole period of five-and-a-half years.
He also ruled that the 115 days the man had spent in pre-sentence detention be reckoned as time served.
Judge Mullaly told the man had it not been for his guilty plea, he would have jailed him for 11 years, with a non-parole period of nine years.
GV Centre Against Sexual Assault provides free and confidential counselling, information, advocacy and support to people who have been affected by sexual assault. Call 1800 112 343 or visit gvcasa.com.au