http://www.9news.com.au/national/2017/03/02/14/22/sa-pedophile-s-internet-use-restricted

4:10pm March 2, 2017

SA pedophile’s internet use restricted

By AAP

The internet is now so integral to people’s daily lives that a convicted pedophile should be allowed to go online, a South Australian Supreme Court judge has ruled.

However, 39-year-old Darren Graetz has been banned from using the internet to talk to “vulnerable women” with children even though he has served his prison sentence.

Graetz was jailed for indecently assaulting a 12-year-old intellectually disabled boy in 2014 and upon his release last year, the state attorney-general applied for an extended supervision order.

This order was made on Thursday with conditions restricting his internet use, making him wear an electronic monitoring device for three years, and prohibiting all contact with children under the age of 13.

The attorney-general wanted to ban Graetz from using the internet entirely but the judge did not accept this, saying the web was a “necessity to operating in the contemporary world”.

“It seems to be a fact of contemporary life,” Justice Stanley said on Thursday.

“So many things require access to the internet. All sorts of institutions discourage you from contacting them not on the internet, like banks and Centrelink.

“A complete blanket ban strikes me as too draconian an interference to the liberty of the individual.”

The attorney-general’s lawyer then sought to at least ban Graetz from looking at all pictures of children online but defence lawyer Helen Luu argued this was too broad.

“It doesn’t address the situation where Mr Graetz might be viewing an online catalogue for Woolworths and there’s a picture of a young child,” Ms Luu said.

The judge agreed, rejecting this condition, but he did restrict Graetz from using the internet to form relationships with “vulnerable” single mothers.

Ms Luu argued that Graetz should be allowed pursue relationships with women and that those around his age were likely to have young children and might be lonely.

But the court heard Graetz had been chatting online to mothers of young children since his release from prison, which the judge found “disturbing”.

Graetz was jailed for one year and 10 months for the 2014 indecent assault and was previously convicted of unlawful sexual intercourse with a two-year-old girl in 1999.

 

http://www.abc.net.au/news/2016-09-19/sex-offender-darren-graetz-supervision-conditions-in-court/7859390

Sex offender’s extended supervision conditions might be decided after leaving SA prison

By Rebecca Opie

Posted 19 Sep 2016, 7:09pm

A Whyalla man jailed for indecently assaulting a young intellectually disabled boy has a high risk of reoffending if he is released on parole without supervision, a Supreme Court has heard.

South Australia’s Attorney-General has used the relatively new power of applying to the Supreme Court for an extended supervision order for Darren Graetz, who has a history of serious sexual offences against children.

Legislation passed by the South Australian Parliament early last year gives the Attorney-General the power to apply for an extended supervision order for a serious sexual or violent offender.

The conditions of the order can include electronic monitoring or restricted communications with specific people, and can remain in place for up to five years.

Justice Tim Stanley on Monday granted an interim supervision order.

Counsel for the Attorney-General raised concerns in court that the extended supervision order might not be determined before Graetz was released on parole.

Graetz was granted parole earlier this month but remains in Port Lincoln Prison while suitable accommodation is sought.

Boy kicked and fondled by Graetz

On Monday, the court heard Graetz was last year convicted of common assault and aggravated indecent assault against a 12-year-old intellectually disabled boy.

“He became quite angry with the child and kicked the child,” the court heard.

“During the night he put his hands down the child’s trousers and fondled him.”

The court heard Graetz was also convicted in 1999 for unlawful sexual intercourse against a person under the age of 12 and that the victim was two years old.

Counsel for the Attorney-General argued that while Graetz had undergone counselling and participated in a sexual behaviour program, he had limited insight into his diagnosed paedophilic disorder.

“The expert opinion is that for the respondent to reside in the community there must be specific conditions in place to limit the risk of the respondent committing a further sexual offence and to monitor him.”

Graetz’s lawyer Helen Luu argued that a psychological report from 2015 was not relevant and the prosecution’s choice of description as “a number of serious sexual offences” was misleading.

The court ordered a new professional report to examine the likelihood of Graetz reoffending.

The matter will return to court in November.

 

http://www.news.com.au/national/south-australia/man-jailed-for-sexually-abusing-intellectually-disabled-boy-who-was-mourning-the-cancer-death-of-his-stepfather/story-fnii5yv4-1227359278314

Man jailed for sexually abusing intellectually disabled boy who was mourning the cancer death of his stepfather

  • 20 hours ago May 18, 2015 5:16PM

A MAN who sexually abused an intellectually disabled boy who was mourning the loss of his stepfather has been jailed.

Darren Graetz, 37, of Whyalla, had pleaded guilty to one count each of indecent assault and assault against the 12-year-old boy in June last year.

In sentencing, District Court Judge Gordon Barrett said the boy had been devastated by the cancer death of his stepfather just months before Graetz abused him.

“Due to the death of her partner in February 2014 and the difficulty of looking after an intellectually retarded boy, the mother was grateful when you offered to let that boy stay at your place with your wife and children,” he said.

Judge Barrett said Graetz had lost his temper on one occasion and kicked the boy, but more seriously, had also indecently assaulted him.

“The mother’s victim impact statement makes very sad reading,” he said.

“The boy was already devastated by the death of his stepfather in February.”

Judge Barrett said, because of his intellectual disabilities, the boy did not fully comprehend what Graetz had done to him.

“He is going to have to undergo counselling to help him get through the consequences of what you have done,” he said.

“Your offending was a gross breach of trust against the mother, particularly given the death of the stepfather so soon before, and it is made worse by the intellectual disabilities of the boy.”

The court heard Graetz had previously served a suspended jail sentence for committing unlawful sexual intercourse against a two-year-old girl in 1998.

Judge Barrett sentenced Graetz to one year and ten months jail with a non-parole period of nine months, after deducting time already served on home detention.

 

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Comments
  1. Moonlight says:

    Damned maggots shoukd never be allowed to walk the streets.

  2. Kathleen says:

    Why are the sentences so leaniant I dnt understand chances of him reoffending he already did he has reoffended after raping a two year old baby disgusting and the judge and his lawyer are worrying about his rights seriously make a precedent lock him up for twenty years or keep him locked up in his house for the remainder of his life his ruining so many others lives what about the victims and what about protecting other innocent people from this monster

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