A remorseless African refugee child sex predator will spend just two years in jail despite being found guilty of raping and sexually abusing a 15-year-old girl in Tasmania.
Thomas Farboh, 27, was sentenced in the Supreme Court last month after being convicted by a jury of maintaining a sexual relationship with his victim, who was a virgin before meeting him, between September 2019 and August 2020.
Judge Brian Martin sentenced Farboh, who was born in Sierra Leone and came to Australia at age 18, to five years jail suspended after two years, saying he was exercising “mercy and leniency” due to the rapist’s background and “good qualities”.
Farboh did not plead guilty and although Judge Martin “was unable to detect any signs of remorse” he praised Farboh in sentencing as having a “remarkable” personal history, and for being “industrious and responsible” for holding down a job, being a father to children from multiple partners, and supporting his sister in Africa.
In sentencing Judge Martin found that Farboh had vaginally and anally raped his victim at his home after contacting her on Snapchat, and that he had sexually abused her on four other occasions, including at her home, in a disabled toilets at a Hungry Jack’s, at a camp site, and in his car.
Prior to the first meeting, the underage girl messaged Farboh ” just keep in mind imma virgin” after asking about his intentions and warning him she did not know how she was going to get out of the house to see him without getting caught.
But Farboh met up with her at a lake anyway, before taking him to a home he told her belonged to his uncle where he eventually raped her, despite her saying multiple that she did not want to do anything and pushing his hand away.
“I am satisfied you understood, prior to this first occasion of intercourse, that the victim was a virgin and was aged only 15. That was your belief, regardless of whether it was true or not,” Judge Martin said in sentencing.
“I am also satisfied that the victim did not want to have intercourse with you and, notwithstanding her lack of resistance, she said and did enough to alert you to her reluctance and make you aware that she might not be consenting.
“In having intercourse with her, you were reckless as to whether she was consenting or not. In these circumstances, I am satisfied that the first occasion amounted to the crime of rape and on the factual basis of the victim’s lack of free consent and your recklessness as to whether she was consenting or not.”
Judge Martin said that the offence committed on the four subsequent occasions was the crime of “penetrative sexual abuse of a young person” but that Farboh likely “possessed an honest and reasonable belief that the victim was consenting”.
“The commission of these unlawful sexual acts, five of them, forms the basis of your crime of persistent sexual abuse of a young person. In this way you maintained the sexual relationship with the 15 year old victim between September 2019 and August 2020,” Judge Martin wrote.
“It is appropriate to mention that on three occasions you did not use a condom. On one of those occasions the victim was not able to seek the assistance of medication from a pharmacy, but on the other two occasions she attended soon after intercourse at a pharmacy and obtained an emergency contraceptive pill.
“In her victim impact statement, the victim has spoken of the significant impact of your conduct. She regularly experiences a physical reminder which causes emotional trauma through flashbacks. Her emotional state has adversely affected her relationships.
“At the time of your abuse the victim became socially isolated and kept what was happening from her parents. In her words, ‘I was very alone’. Later the victim left home and ended up being homeless for about a year.
“The victim describes herself as being ‘sad’. That word appropriately describes the underlying appearance and demeanour of the victim throughout her evidence. The victim conveyed intelligence and essential honesty, but also a dull and sad effect.”
