Man who gave 14-year-old GHB says teen consented to sex
A Melbourne man facing jail for giving a 14-year-old GHB and having sex with the youth four times has reduced culpability because the victim was an "active" participant, a barrister argues.
Prosecutors described 28-year-old Andrew Castles' victim as a vulnerable transgender boy in state care, but Castles' lawyer claimed the offending was less grave because the boy signed up to gay dating app Grindr to "seek out" experiences with drugs and sex.
James Westmore on Thursday urged County Court judge Paul Higham to accept "consent has been clearly given".
Castles, now 28, came across the victim's profile on Grindr where the teen's age was listed as 18.
Prosecutor Hayley Bates said Castles believed at the time the victim was 17 but found out he was actually only 14 on July 24, 2017.
A week later Castles drove the victim to his Ballarat home, gave him a moderate 0.5ml dose of GHB before sexually penetrating him twice, Ms Bates said.
The victim was then given 0.7ml of GHB, three vodka shots and was sexually penetrated twice more.
Castles, who had also used GHB, then took a naked photo of the victim sleeping.
The next day he gave the victim more GHB and drove him to a train station.
Ms Bates said while she hadn't argued that the drug was used to coerce the victim, there had been no sexual contact prior to the drug use.
Castles pleaded guilty to two charges of sexually penetrating a child under 16 and one each of trafficking a drug of dependence to a child and producing child abuse material.
Mr Westmore said there was no breach of trust, grooming or predatory behaviour by Castles and that providing GHB was not used as a way to procure consent.
"It's clearly inappropriate, but in my view it doesn't cut across the argument that consent has been clearly given," he said.
He described the victim as being an "active actor in the lead-up to and on the night" of the sex.
Mr Westmore said Castles had misguided beliefs about adolescent sexuality and believed he was helping the victim.
"I thought it would be safer if the complainant learnt these things from me," he quoted from Castles.
Forensic psychologist Patrick Newton said Castles needed ongoing and intense mental health care, including specialised long-term treatment.
A prison sentence was necessary, both Ms Bates and Mr Westmore agreed.
Castles will remain on bail until he is sentenced on March 1.
He will be placed on the sex offenders register for 15 years.
AAP