A FORMER Heywood man has had 27 months slashed from his jail sentence for child sex offences after a retrial in the County Court at Geelong.
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Peter James Rooks, 52, was found guilty in March of 13 charges, including fondling, giving and receiving oral sex, attempted rape and rapes.
The historic offending was committed over more than a decade against three young and vulnerable female victims aged between four and 10 years.
In July 2009, a Warrnambool jury convicted Rooks of the same 13 offences, as well as a further two alleged sexual offences relating to a fourth young female.
Rooks successfully appealed his conviction on all 15 offences.
In the retrial, the prosecution chose not to proceed with any charges relating to one alleged victim.
In 2009 Rooks was sentenced to 14-and-a-half years’ imprisonment, with a non-parole period of 10-and-a-half years.
Recently Judge Mark Gamble sentenced Rooks to 11 years and three months’ imprisonment with a non-parole of eight years and three months.
He had already spent a total of 944 days in custody so had about five-and-a-half years to serve before being eligible for parole.
Judge Gamble said the victims were very vulnerable when they were abused.
“Each of them have, to varying degrees, been left with the enduring and serious adverse emotional and psychological effects of what you did,” he said in sentencing.
“In respect of complainant A, she was particularly young. You were her babysitter at the time and therefore charged with her care.
“To have done what you did to her was a gross breach of the trust.”
The judge said Rooks’ conduct could only be viewed as extremely serious.
“It spanned a very significant period, more than a decade,” he said.
“You took advantage of their vulnerability, in order to satisfy your own perverse sexual desires.
“When viewed in its full context, your offending involves a high degree of moral culpability on your part.”
Judge Gamble said Rooks had enjoyed a relatively longstanding relationship with a former Warrnambool and she has been left to look after their pre-teenaged son who has been diagnosed with high-functioning autism.
Rooks maintained his innocence to psychologist Warren Simmons and accused the victims of being financially motivated to falsely accuse him.
Mr Simmons noted that Rooks’ offending was more opportunistic than predatory, in that he did not actually seek victims, but offended only as the opportunity arose.
He considered Rooks’ proper diagnosis to be paedophilia, secondary to an adult heterosexual orientation, rather than primary paedophilia.
Judge Gamble said the psychologist noted that if Rooks was offered the opportunity to undertake a treatment program he may not continue to deny his offending indefinitely.