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Man gets suspended sentence for sex with ‘willing and eager’ 14-year-old girl

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Senior Magistrate Archibald Warner

A 22-year-old who had sex with a “willing and eager” teenager was given a suspended prison sentence in Magistrates’ Court.Ajani Albuoy-Lovell admitted having sex with a 14-year-old girl on three occasions between April and August last year.Senior Magistrate Archibald Warner acknowledged the crime as “a serious offence” but said he would suspend the sentence because of “the willing and eager participation of the victim” .Albuoy-Lovell was 21 at the time of the offence. The girl cannot be named for legal reasons.The ruling drew criticism from child advocacy groups the Family Centre and the Coalition for the Protection of Children.Said Coalition founder Sheelagh Cooper: “This is not a lovers tryst it is paedophilia!“A full grown adult had sexual relations with a child of 14 and there can be nothing mutual about that. How can we protect our children when the laws that are put in place to do that are not being upheld or taken seriously by the magistrates?“To suggest that a child of this age is a willing participant or invited this behaviour, is not only blaming the victim but serves to perpetuate similar crimes.”Mrs Cooper said the girl “had barely reached adolescence” when the couple had sex and it was “preposterous to suggest that she was an equal, willing, and indeed eager participant”.The sentence sends the wrong message to the community, she added.Crown counsel Susan Mulligan said the pair met while working as volunteers. The girl invited Lovell to her home and made sure he was out before her parents returned.Said Ms Mulligan: “There is no suggestion that she wasn’t a willing partner to this offence on three counts on three distinct days.“But the real crux of the matter is we don’t expect a 14-year-old girl to have the judgement and decision-making skills that a 21- or 22-year-old man should have.”She called for a suspended jail term at the lower end of the scale and a period of probation.Albuoy-Lovell apologised to the court, the girl’s family and his own family for his actions.He said he has used his time in custody since November, to understand and reflect on his actions.“If you give me a chance I will show you that it will never happen again,” he said.Said Mr Warner: “There are special circumstances in this case, including the willing and eager participation of the victim, which gives me cause to suspend the sentence of imprisonment.”He meted out a suspended six-month prison term, two years’ probation and ordered Albuoy-Lovell to undergo rehabilitation as mandated by Court Services.Mr Warner warned Albuoy-Lovell that if he reoffends again within 24 months, the sentence will be activated.“The message this sends is that it’s okay to have sexual relations with a child as long as he or she is compliant — that message is wrong.”Family Centre executive director Martha Dismont agreed with Mrs Cooper: “I have major concerns when a 21-year-old takes advantage of the lack of judgment of a 14-year-old in these type of cases.“I also believe, however, that we have sent far too many young people to prison with the expectation that it is a punishment and that it will be rehabilitating.“I don’t believe we have been nearly as successful as we have hoped, and therefore it may be best to attempt ‘rehabilitation’ outside of the prison system, until this is better.“I also hope that the 14-year-old receives counselling at the earliest.”

Coalition for the Protection of Children founder Sheelagh Cooper