No jail for man who had sex with girl, 13
A South Australian judge has suspended a 21-year-old man's jail sentence for having sex with a 13-year-old girl after saying young Australians did not realise underage sex was a serious crime.
District Court Judge Rosemary Davey said Sasha Pierre Huerta's two-year jail term should be wholly suspended because he was not a predator and his underage victim "was looking for" a sexual encounter, The Advertiser reports.
Huerta pleaded guilty to one count of having sexual intercourse with a person under the age of 14, which Judge Davey lamented was the "kind of criminal conduct ... happening day in, day out" in the "crazy mixed up world we live in".
"In fact, if you ask most 17-year-olds or 16-year-olds whether they know (underage sex) was an offence carrying seven years' imprisonment, they would die with their leg in the air," the judge said according to court transcripts quoted by the newspaper.
"It's just crazy, in my view, that we maintain this law and we do not pass the message on out into the community."
Huerta met the girl last month at a bar, which led to sexually-explicit Facebook interactions during which the girl claimed she was 14.
She dressed "like a 23-year-old" and "presented herself as a woman", including attending bars, the court heard.
"This is a girl who was not a girl who was sitting at home just putting Barbie dolls away," Judge Davey said.
Huerta was sentenced to a two-year jail term, wholly suspended with a two-year good behaviour bond.