Men avoid prison for sex video

A video featuring a threesome between two Westport men and a 15-year-old girl ended up spreading around the town. File photo / Thinkstock

Two Westport men who taped themselves having a threesome with a 15-year-old girl in February have avoided a prison term.

Jacob McLaughlan and Jared Hicks, both now aged 22, pleaded guilty to a charge of unlawful sexual connection with a 15-year-old. In Westport District Court yesterday, defence counsel Doug Taffs said Hicks had had a prior sexual relationship with the girl and to some extent the events had been spontaneous and consensual.

The publication of the video hadn't been made by either Hicks or McLaughlan, Mr Taffs said.

A friend of Hicks' sister had found it and sent it around Westport without their knowledge. It had not been their intention to publish the footage.

Judge Lindsay Moore said there was significant case law which, despite the fact the defendants were only 20 when the offence occurred, pointed to jail time.

"I'm struggling to understand how I can get around this," he said.

Mr Taffs pointed out that the girl had been a willing party and there was no evidence of grooming or predation. She was not upset about the sex, but the release of the video.

It was three young people, not so far apart in age, doing a very foolish act.

There was a difference between a "dirty old man and teenage experimentation", he said.

Hicks had met the brothers and parents of the girl through restorative justice and further deterrence was not needed.

"This was a one-off very silly and stupid event. If she'd been over 16 it still would have been stupid, but it would have been lawful," Mr Taffs said.

Judge Moore told the defendants some young women needed to be protected from themselves, both for their own good and the good of the community.

While the defendants weren't older men in their 40s, the age gap between 15 and 20 was starting to get "a bit grim".

In this situation, prison was the starting point but the defendants' age and the circumstances were mitigating factors. The recording of the threesome had led to a 15-year-old having intimate images scattered around town for the entertainment of the locals. She was very embarrassed and so should the defendants be.

"I don't understand why people your age use phones in this way," Judge Moore said.

Judge Moore sentenced Hicks to six months community detention and 200 hours community work.

McLaughlan had nowhere suitable to live for community detention, so Judge Moore remanded him to December 14. He must find accommodation where a community detention sentence of three-months and 100-hours community work could be imposed.

The judge also imposed an immediate 50 hours community work sentence on McLaughlan for a further charge of possession of utensils for smoking cannabis.

When Mr Taffs asked for the defendants' names to be suppressed, Judge Moore said there would be no point when half the teenagers in Westport had already seen the video.

The community was also entitled to know who to keep their daughters away from.