The prosecution said Andrew Montgomery knew the girl was 15-years-old before they had sex in 1997.
A TYRENDARRA man who admitted having sex with a 15-year-old girl in 1997 has had his case adjourned so a judge can gain more information about sentencing.
Andrew Simon Montgomery, 38, of Princes Highway, pleaded guilty in Warrnambool County Court this week to one charge of sexual penetration of a child aged under 16 years.
The prosecution alleged that at the time of the offending, Montgomery knew the victim’s brother.
On the evening of April 26, 1997, the girl was at home with her parents reading before she left the family home about 10.30pm to meet up with friends.
Her friends did not arrive in central Portland and she met up with other associates.
Just after midnight Montgomery pulled up and the girl and a couple of her friends got into his car to go for a drive. Montgomery was told the girl was 15 years old.
Montgomery told another person that the girl was “a bit of all right”.
The prosecution said Montgomery dropped the others off before he and the girl went to Pivot Beach. He kissed her on the lips and had sex with her.
He then drove her back to town and dropped her off.
The girl told one of her friends what happened. Her mother found out, confronted her daughter and they went to the Portland police station, where she made a report.
On June 30, 1997, police interviewed Montgomery, who admitted driving around overnight on April 26.
He said he and the girl had sat in the car listening to music but didn’t remember anything else and didn’t want to comment about anything that had happened.
Montgomery said he did kiss the girl but she made the first move and he claimed to have not known she was 15 years old.
The girl withdrew her complaint the following year but a police investigation was later recommenced.
Judge Mark Taft described a victim impact statement as powerful. He said it was a great pity the case was not prosecuted in 1997.
The maximum penalty for the offence is 10 years’ imprisonment, and anyone convicted has to be placed on the sex offenders’ register for 15 years.
