WARNING GRAPHIC CONTENT: Outrage as a man who tried to rape a three-year-old toddler could be allowed to live with CHILDREN
- Joseph Marrday, 22, attempted to rape little boy outside Darwin home last year
- His lawyers asked NT Supreme Court if he could serve suspended sentence
- Under agreement, Marrday would return to remote community to live with kids
A man who attempted to rape a young child who was playing in front of his house could be spared jail and allowed to live with other children.
Joseph Marrday, 22, pleaded guilty to one count of rape in March last year after he attempted to put his penis into a three-year-old boy’s mouth outside his Darwin home.
His lawyers have requested he be allowed to serve a suspended sentence and return home to a remote Aboriginal community, where he would be living with children.
Justice Judith Kelly said letting him go would be ‘guess work’ and admitted there had been no ‘accurate risk assessment’ of his potential threat to the community, according to reporting by NT News.
Joseph Marrday, 22, pleaded guilty to one count of rape in March last year after he attempted to put his erect penis into a three-year-old boy’s mouth outside his Darwin home
The court heard Marrday approached a yard where the young boy was playing, reaching through a gap in the gate and putting his hands on the back of his head.
The 22-year-old then unzipped his pants and pulled out his erect penis where he attempted to ‘insert his penis into the victim’s mouth’, the court heard.
A person who happened to be jogging past the house witnessed Marrday attempting to rape the child, before screaming to the boy’s mother.
He was arrested shortly after, telling police he ‘never did anything to the little one’.
‘She frightened me and I turned and ran away,’ he said.
Marrday faced the NT Supreme Court on Wednesday where his lawyer Shannon Ramsay asked the court to allow him to return to a remote Aboriginal community to carry out an extended sentence.
‘When he’s in Warruwi he has not come to the attention of the criminal justice system,’ she said.
The court heard Marrday unzipped his pants and pulled out his erect penis where he attempted to ‘insert his penis into the victim’s mouth’
‘He has had an incredibly positive upbringing, incredibly supportive upbringing and it has been a combination of factors that has brought him before this court.’
Justice Kelly said there was a ‘slight potential difficulty’ with the request, given there were ‘children in the house he’s going to be living in’.
‘They’re his cousins, I think, and the mother says she’s never had any problems with him, there’s no concerns about that,’ Ms Ramsay replied.
Justice Kelly responded: ‘Is it really possible to do any really accurate risk assessment with sexual offending of this nature with somebody who has never committed such an offence before?’
‘Sometimes it’s just unknown,’ she added, saying it was ‘kind of guess work’ allowing him to return.
The prosecutor said a condition could include no unsupervised time with children, or written consent from parents if he did.
Marrday will face court again on Friday for sentencing.