Retired man jailed for indecencies with girls

Press, 24 January 1986, Page 7

Retired man jailed for indecencies with girls

A retired man, aged 62, was jailed for a year when he appeared for sentence in the District Court yesterday on eight charges of indecency, most of them with young girls.

Mr D. C. Fitzgibbon, defence counsel for Desmond Thomas Rodgers, had sought a sentence short of imprisonment because of the special circumstances of the defendant.

He said sex offenders almost .. invariably received a very hard time in prison, so that a jail term would be “almost equivalent to a death sentence for this man with the health problems he has.”

However, Judge Pain said the offences warranted imprisonment notwithstanding Rodgers’ personal situation. But for personal factors, he would have considered a prison term of not less than two years.

The sentence would be reduced because of Rodgers’ age and poor

health, and because of the defence counsel’s belief of a reduced likelihood of his being in a situation in which further offending would occur — although the Crown had disputed this submission.

Rodgers had pleaded guilty, before a scheduled District Court jury trial was to have taken place, to eight charges. They comprised four charges of indecently assaulting two girls under 12 years, two of inducing one of the girls to do an indecent act on him, and two of doing an indecent act with intent to offend. In one of the latter charges the complainant was the mother of one of the girls. During his submissions in mitigation of penalty, Mr Fitzgibbon referred to medical and psychiatric reports on Rodgers and said he had a long psychiatric history. He had great mental problems and very grave health problems. He did not believe that Rodgers recognised, even now, the seriousness of

his offending, Mr Fitzgibbon said. Rodgers had stated that what started out as play with the children got out of hand. At no stage did he intend any harm to them. Mr Fitzgibbon submitted that the likelihood of Rodgers’ reoffending probably had been reduced because of his chronic illness. Mr D. J. L. Saunders, for the Crown, said Rodgers had shown very little remorse for the distress he had caused to the children. He said sentencing should take into account the need for punishment, and to deter and prevent this kind of conduct

A report indicated that other children could be at risk if he was left in the community. The Judge said that imposing sentence on Rodgers was a difficult matter. Unfortunately, he did not recognise the gravity of his offending, and did not even acknowledge that his conduct deserved censure. The Judge said the charges represented grave offending. They carried a total maximum of 61 years’ imprisonment.

The offences were committed between June, 1983, and January, 1985, and so were not isolated occurrences. Rodgers had forced sexually motivated acts on girls behind locked doors. He had initiated the indecencies on, and used, quite naive children. His conduct had had a serious effect on at least one of the girls, who had suffered depression and emotional scarring. She and her mother had received counselling. The Judge took into account that Rodgers had pleaded guilty to the charges and saved the girls the further trauma of having to attend a trial to give evidence. He also must have regard to Rodgers’ age and poor health.

However, the offences warranted imprisonment, and no alternative sentences were available or appropriate. A custodial sentence ought to be imposed, notwithstanding Rodgers’ particular personal circumstances.