Diana Nicole Bennett

Posted: October 17, 2012 by Serendipity in Location, Photo, Registered Sex Offender, Suspended Sentence, Victoria
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No jail for sex with boy, 15

May 02, 2007 12:00

  • Woman had sex with 15-year-old while drunk
  • Caught in the act by a friend of the boy
  • Judge says woman co-operated with police

A MELBOURNE woman who had sex with a 15-year-old boy while she was drunk avoided a jail term when she was sentenced today.

Diana Bennett, 30, of suburban Melton, pleaded guilty in the County Court today to one charge of sexual penetration of a child under 16.

The court was told she was drunk when the boy rang her, asking her if he could see her in January, 2005.

He had made similar requests before and had previously been refused.

Dressed in underwear and a cardigan and still drunk from the night before, she went to the boy’s house where they had sex in his bedroom.

They were caught by a friend of the boy’s who walked into the room while they were having sex.

The court was told the woman had an alcohol problem that had played a role in her offending.

It was told she suffered a severe personality disorder and required mental health treatment.

Judge Lance Pilgrim said the woman was frank and open with police and had taken significant steps to rehabilitate herself.

Judge Pilgrim put down her offending to a “foolish lapse” and noted her good prospects of rehabilitation.

He convicted and sentenced her to 12 months’ jail, fully suspended for 18 months over the charge, which carries a maximum sentence of 10 years’ jail.



Female sex fiend beats jail

By Shelley Hodgson

May 02, 2007 12:00

A WOMAN, 30, who had sex with a 15-year-old boy in a “foolish lapse” after she had drunk a bottle of vodka has been given a 12-month suspended sentence.

Diana Nicole Bennett, 30, was flattered that a boy of 15 found her sexually attractive.

The County Court of victoria heard that the boy rang her one morning in 2005 while she was drunk. The pair met and they had sex.

The court heard that the boy had previously called Bennett, but she had declined to accept his invitations to meet with him.

Today Judge Lance Pilgrim said Bennett was remorseful. Bennett, of Melton, outside Melbourne, told police she had a significant alcohol problem and would buy three bottles of vodka a week, drinking them straight and on her own.

She had drunk a bottle of vodka the night before she had sex with the boy.

The court heard that the boy did not make a victim impact statement, but he is now rude to her.

Judge Pilgrim said he was satisfied Bennett’s offending was a foolish lapse and since the offence had taken steps to rehabilitate herself.

Forensic psychologist Ian Joblin gave evidence to the court that Bennett’s offending did not represent a psycho-sexual disorder but symptoms of a personality disorder.

She requires mental health attention, the court heard. Judge Pilgrim place Bennett on the sex offender register. She will have to report to authorities for 15 years.

Her jail term is suspended for 18 months. Bennett pleaded guilty to one count of sexual penetration of a child under 16.




Teen sex after booze up

Shelley Hodgson

March 29, 2007 12:00am

A LONELY woman seeking admiration has admitted having sex with a 15-year-old boy while drunk.

But Diana Nicole Bennett might be freed on a community based order after prosecutors said a suspended jail term was not inappropriate.

Bennett, 30, pleaded guilty in the County Court yesterday to one count of sexual penetration of a child under 16.

The court heard she had developed a friendship with the teen.

He rang her one morning, while she was drunk, and they met and had sex. Another boy caught them.

“(She) was flattered someone his age found her sexually attractive,” prosecutor Bill Dwyer told the court.

Mr Dwyer said Bennett told police she had a problem with binge drinking and would usually buy a bottle of vodka three times a week, drinking it straight.

She did this the night before she had sex with the teenager, in 2005.

Defence counsel Richard Backwell said Bennett had been depressed, lonely and vulnerable and had sought attention, adoration and admiration.

“She made a decision on that morning that has quite clearly changed her life,” Mr Backwell said.

Bennett, who does volunteer work at a St John of God aged care home and at an opportunity shop, had no prior convictions and now attended alcohol counselling.

In a report tendered to the court, forensic psychologist Ian Joblin said Bennett had a personality disorder and her offence did not represent sexual deviation.

She was unlikely to ever again seek out a child under the age of 16 and needed continuing help for her mental health problems, he said.

Mr Backwell urged Judge Lance Pilgrim to impose a community-based order or a wholly suspended sentence.

Mr Dwyer said a wholly suspended sentence was within the range of appropriate sentences.

Judge Pilgrim ordered that Bennett be assessed by a forensic psychiatrist and for a community-based order. But he said this was not an indication that he had made a decision about the sentence.

Bennett, of Melton, has been released on bail for sentencing on May 2.



Woman who had sex with boy ‘flattered’ by attention

Steve Butcher
March 29, 2007

A WOMAN’S crime in having sex once with a 15-year-old boy was different from the six-week affair Melbourne school teacher Karen Ellis had with a boy of similar age, a court heard.

Diana Nicole Bennett’s lawyer said that unlike Ellis, the boy with whom she had intercourse was not under her care, supervision or authority.

The County Court heard yesterday that in January 2005, Bennett, a voluntary worker, then 28, had sex with the boy who had telephoned her at home one morning and invited her to his house. Judge Lance Pilgrim was told they had been friends for about six months and that the boy had earlier promised to give her a kiss for Christmas.

After the Department of Human Resources notified police from a sexual offences and child abuse unit in February, 2005, the boy declined to make a statement, as did his parents.

Prosecutor Bill Dwyer said in his summary that Bennett later admitted she had a problem with binge drinking and on that morning she was drunk from the night before. Mr Dwyer said Bennett, who usually drank three bottles of vodka neat a week, told police she only took up the boy’s invitation because she was drunk.

The pair began fondling each other and undressed before having sex, which was interrupted when a friend of the boy — who later approached police — entered the room. Bennett said in a record of interview with police that she saw herself as being like an older sister to the boy and was “flattered someone of his age found her sexually attractive”.

Defence lawyer Richard Backwell said at the time Bennett was a depressed, lonely and vulnerable alcoholic who had sought “attention, adoration and admiration”. He said three weeks after the incident, she voluntarily contacted police to make full admissions without which a case could not have been mounted.

Mr Backwell submitted that while there were similarities in the cases of Bennett and Ellis — the boys were similarly aged and each woman was previously of good character and remorseful — his client’s offence was not premeditated.

Bennett, now 30, pleaded guilty to one charge of taking part in an act of sexual penetration with a child under 16.

Judge Pilgrim said it was in her interests to adjourn sentencing for a further medical report and to prepare a report for a community based order.


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