Man who impregnated 15-year-old challenges sentence

A sex offender who got a 15-year-old girl pregnant is challenging the sentence he received for his crime.

Nathaniel Roberts' victim is raising a child after he sexually offended against her on four occasions over 11 days in August 2020.

She was 15 and he was 24.

Roberts pleaded guilty to four charges of sexual penetration of a child aged under 16 and was jailed for five-and-a-half years.

But his lawyer Joe Connolly says the five-year sentence handed to him for one of the four charges is too high compared with the others, and the only distinguishing feature is the "consequence" that flowed from unprotected sex with the teen.

Roberts is challenging the sentence in the Victorian Court of Appeal.

Justice Karin Emerton noted the sentence he received was below the standard sentence for those offences.

Mr Connolly said features of the case justified a lower sentence for Roberts, including the relative age of the victim and the fact that she had consented so far as a child of that age can.

He also added that "the victim initiated".

A child under the age of 16 cannot legally consent, as County Court Judge Michael McInerney noted when he sentenced Roberts.

He said the young woman's statement to the court demonstrated the need to protect young women.

"This protective legislation was passed to protect young women from elder men having sexual congress with them, and protect them from the consequences of such intercourse - when men such as Mr Roberts decide to have that intercourse in an unprotected manner," he said.

"It is hard to imagine how stupid one can be, but there we are."

Judge McInerney said the young girl hadn't realised what she was doing was wrong at the time, because of her age.

He said she clearly loved her child very much, but noted the restrictions and difficulties on a young girl having the obligation to raise a child.

Prosecutor Robyn Harper said the maximum penalty for the relevant offence was 15 years, and Roberts' sentence amounted to just a third of that.

She said the aggravation of the offending was that Roberts had ejaculated inside the girl, leading to her pregnancy.

Ms Harper described that as "perhaps the greatest aggravation".

Roberts' offending was reported by a doctor who confirmed the girl's pregnancy.

The appeal judges will hand down their decision at a later date.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028