Canberra man sexually assaulted teen during driving lesson
A Canberra man avoided time behind bars by the "skin of [his] teeth" after he sexually assaulted a 16-year-old girl during an evening driving lesson, a judge has said.
The man, who has not been named to protect the identity of the victim, was found guilty by a jury in November last year of three counts of an act of indecency without consent.
The jury found that he showed the victim a photo of his penis, placed his hand on her leg and pushed her legs apart and kissed her.
The offences happened on September 8, 2016, when as a favour he was teaching a close friend's daughter how to drive.
The mother was also concerned about her daughter's development and had asked the man, who was about 44, to give the 16-year-old a male perspective of sexual relationships.
"In doing so, she clearly trusted you a great deal," Justice John Burns said in sentencing remarks published on Thursday.
He said the man took advantage of the role given to him by the mother and of his relationship with the woman and the girl.
"The circumstances demonstrate that the victim was in a very difficult position and I am sure that you must have been aware of that," he said.
"She was by herself with you in a car, driving around Canberra at night time. I am satisfied that she made it clear to you that she was not interested in what you were proposing."
The court heard he had no criminal history for these kinds of crimes.
He lived with his partner and children and was the sole breadwinner of the family.
The judge sentenced the man to 17 months imprisonment fully suspended.
He ordered the man complete 250 hours of community service, and put him on a good behaviour order for two years.
The judge addressed the man directly after the sentencing.
"I want to make it clear to you that you have escaped a sentence of full-time imprisonment by the skin of your teeth," he said, and reminded the man of the obligations arising from the sentence.