Teen who filmed girl's sexual abuse jailed

File photo / Thinkstock
File photo / Thinkstock

A teenager who plied a 10-year-old girl with alcohol and then filmed himself and his girlfriend sexually abusing her has been sentenced to seven years in prison.

Johann Daubeck, 19, and his girlfriend, who cannot be named, were sentenced at the High Court in Auckland this morning by Justice Rebecca Ellis.

Daubeck had pleaded guilty to sexual violation by rape of a child under 12, sexual violation by unlawful sexual connection and one charge of making an intimate visual recording.

In October 2012, Daubeck, then 18, and his girlfriend had taken the girl into a forest, plied her with RTDs, then took photographs and filmed themselves sexually abusing her.

On two other occasions on the same weekend, when his girlfriend was not present, Daubeck had sexually violated and raped the girl.

His lawyer Sam Wimsett said Daubeck had shown remorse for his offending and wanted to receive treatment.

"He is desperately keen to leave Mt Eden [prison] to move to a facility where he can get the treatment that he needs."

Mr Wimsett said Daubeck had himself been abused as a child, "and that may well have had some role to play in what has happened in this case".

Crown prosecutor Keiran Raftery noted Daubeck's previous offending of the same type four years earlier.

Mr Raftery said Daubeck was given a second chance at that time, and had undergone a treatment programme, which was a "total failure".

He said a sentence of preventive detention needed to be considered as it provided a lifetime period of parole, and the ability to recall to prison "before matters get out of hand."

One of the aggravated features was the degree of planning and premeditation. "They decided to take [the victim] to the woods, they decided to buy alcohol for her, they decided to ply her with it so she was drunk."

In sentencing, Justice Ellis said the two offenders had "encouraged and brought out the worst in each other."

She said Daubeck did not seem to fully understand the harm caused to his victim. "She was a 10-year-old girl, and not an object for you to do with what you wished.

"The fact she apparently complied because you got her drunk first doesn't make what you did okay or better. If anything, it makes what you did worse."

There was an "extra degradation" involved because the photos had been uploaded to the internet.

Justice Ellis said she had given "very serious thought" to a sentence of preventive detention, but decided on a finite sentence, which may be followed by a period of supervision.

"There are no quick fixes for the problems that you have and you need time, which is one thing I suppose that jail can offer you."

Daubeck was sentenced to seven years in prison with a minimum period of imprisonment of four years.

His interim name suppression was lifted today as the victim's family wanted him to be publicly named.

The teenage girl was sentenced to two years intensive supervision and 200 hours community work for six charges, including uploading the images to the internet.

She is also subject to conditions including not to be alone with children and not having access to devices which connect to the internet or take photos.

She was also ordered to undertake a Safe treatment programme for child sex offending, and continue with therapy.

Justice Ellis told her she hoped the teen understood she was much luckier than many others who came before the court, but that the sentence should not in any way be considered to minimise her offending.

"What you did was incredibly selfish and stupid," Justice Ellis said.

"The harm you caused this little girl and her family will never be over. Unlike you, they do not get a second chance."

Justice Ellis said she would be personally monitoring the teen's progress every three months and would call her back before the court if necessary.

- APNZ

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