Public exposure labelled an 'odd, horrendous and revolting' act by child victim

CONTENT WARNING: This story contains details that may be upsetting.

A victim who witnessed a man masturbating in public was left feeling “creeped out” by the sight, a court has heard.

The 70-year-old man, whom Region has chosen not to name to avoid identifying his victims, fronted court this week for sentencing on two rolled-up charges of an act of indecency in the presence of young people under 16 years.

On two dates in April 2024, the man exposed himself and started masturbating in front of schoolchildren.

Magistrate Jane Campbell said the man’s repeated offending, which occurred within the same week, raised concerns “about his underlying sexual motivation”.

“[He] needs to learn that this is behaviour that is not tolerated by the community and is harmful to those children that witnessed it,” she said.

The court heard that the first incident occurred when three boys, ages 12 and 13, went fishing in the afternoon.

When they arrived, they waved at the offender before setting up their fishing rods.

A short time later, they turned and saw the man, who was naked and masturbating, looking at them.

The boys “were concerned enough for their safety to arm themselves” with their fishing rods and also called family members to tell them what was happening.

“They don’t know how this person is going to react or what this person is going to do,” she said.

As a male jogger came past, the offender stopped masturbating before resuming after he had passed.

Several days later, another group of boys was riding their bikes in the area when a similar incident occurred.

In the ACT Magistrates Court on Monday (4 February), the man’s lawyer, Richard Brandon-Baker from Legal Aid, said that mental health struggles drove the offending.

At the time of the offending, he told the court that the man was “living rough” and not engaging in treatment for his mental illness.

Mr Brandon-Baker said his client was “in a very different position back then to where he is now”, having sought mental health support since his arrest and having stable accommodation.

The prosecutor said that while the man had taken “some significant steps” towards rehabilitation had been made, the court needed to recognise the harm to the victims.

“That’s coupled with the fact that while I can see it’s significantly dated, there is that history past offending,” she said.

The court heard the man’s criminal history featured a willful and obscene exposure charge from the late 1980s.

She also argued that the man’s pause in offending while the jogger was nearby showed an “enhanced level of culpability and intentionality ” in his behaviour.

Magistrate Campbell said one of the victims had described what he saw as an “odd, horrendous and revolting” sight that left him “creeped out”.

Meanwhile, some of the children’s parents had told the court that they had felt worry and stress in response to a loss of the kids’ “feeling of their own safety and security”.

In sentencing the man, Magistrate Campbell accepted that his mental health had played a role in his offending and his rehabilitation would be in the public’s interest.

She handed him a 10-month suspended sentence, discounted for his guilty plea. He also received a two-year good behaviour order.

If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.