11.42 pm, Saturday November 21 2009

Woman, 41, had sex with boy, 14: court

16:54 AEST Thu Oct 29 2009
By Melissa Iaria
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A 41-year-old woman was drunk and vulnerable when she had sex with a 14-year-old boy during a drinking binge, a court has heard.

Jenny Lee Mitchell had sex with a 17-year-old male then his 14-year-old friend after they spent a night out drinking, the Victorian County Court heard.

Mitchell told police she had 18 cans of Vodka Smirnoff alcopop during the binge, was very drunk and had no memory of what happened, prosecutor Kevin Doyle said.

The court heard the two males were seen high-fiving each other when they were at the police station for questioning after the incident.

Mitchell, of Sebastopol in Ballarat, has pleaded guilty to one count of sexually penetrating a child under 16 over the incident, which occurred at her flat between February and March last year.

Defence lawyer Tim Marsh said his client began drinking excessively after she was weaned off pain medication for an injury.

Mr Marsh said she had a tragic personal history marred by abuse and neglect and this was her first time before the court.

He said his client became very vulnerable when drunk and her behaviour was out of character.

He said she was ashamed and regretted the acts, which were consensual.

Mr Marsh said there was "no apparent harm" caused to the victim.

"The complainant's victim statement tends to be more about shame and regret than trauma," he said.

During the pre-sentence hearing, the crown submitted that a suspended jail term is within the range of an appropriate penalty.

The maximum penalty for the offence of sexually penetrating a child under 16 is 10 years jail.

Judge Howard Mason will sentence Mitchell next month.

 
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