A Mackay mum has pleaded guilty to having sex with a mentally impaired teen. She was remanded in custody ahead of her sentence.
A Mackay mum has pleaded guilty to having sex with a mentally impaired teen. She was remanded in custody ahead of her sentence.

Mum pleads guilty to sex with mentally impaired teen

Rape allegations have been dropped against a Mackay mother, who pleaded guilty to unlawfully having sex with a mentally impaired teen.

The incident occurred on August 9, 2019 in Mackay when the woman and 17-year-old boy, who had the intellectual age of a seven-year-old, were living under the same roof.

Mackay District Court heard the pair had been drinking when the woman retired to her room to carry on drinking.

Barrister Scott McLennan, acting for the 42 year old, said the victim had entered her room and made comments that the woman's partner did not treat her well and she "deserved a man".

The court heard it was under that context the pair had sex.

The woman, who cannot be named for legal reasons, pleaded guilty to unlawful carnal knowledge of a person with an impairment of the mind.

Crown prosecution accepted the guilty plea on this charge as an alternative to the rape on the basis it could not disprove "mistake of fact" in relation to consent.

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Mr McLennan said his client also had an intellectual impairment and he requested the case be listed for sentence in June so a psychiatric report, that would address her paranoid schizophrenia in relation to her offending - could be produced.

Crown prosecutor Tiffany Lawrence objected to bail, arguing the woman had just pleaded guilty to a serious charge that would most likely garner a term of actual imprisonment.

Mr McLennan said an actual jail term was "certainly open" but argued his client had been drunk, she had gone to her room alone and that her behaviour was not "predatory".

The court heard she had also been on bail since August 2019 on the initial rape charge.

Judge Brad Farr said the woman's intoxicated state did not excuse the conduct.

"Hardly seems like an exceptional circumstance," Judge Farr said, adding he was minded to remand the woman in custody.

The court heard she had a "troubling" criminal history that included entries for grievous bodily harm, wounding and break and enter while armed.

Judge Farr ordered a pre-sentence custody report and said if any new information could be produced that amounted to a material change in circumstance, then bail could be readdressed.

As she was taken into custody she said, "what about my dog". That case will be finalised next month.

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