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The Canberra Times
The Canberra Times
Hannah Neale

'Opportunistic' child abuser jailed as victim plagued by 'haunting images'

Thomas Small arrives at court ahead of being sentenced to jail on Thursday. Picture by Hannah Neale

A man who sexually abused a child for years will be eligible for release from jail in six months, as "haunting images" continue to plague the victim.

Thomas Lewyn Small, 29, arrived at his ACT Supreme Court sentencing on Thursday wearing all black.

He would soon be heading to the Alexander Maconochie Centre, where an all grey tracksuit is common among inmates.

Justice Verity McWilliam sentenced Small to more than two years jail to be suspended after six months upon entering into a good behaviour order.

He is also required to complete a sex offenders rehabilitation program.

Small had previously pleaded guilty to persistent sexual abuse of a child.

The victim was aged 11 and Small aged 21 at the start of the offending, which spanned about two-and-a-half years.

The crimes included eight incidents, which involved Small kissing the victim, exposing himself to her, touching her genitals, and digitally raping her.

He also sent the child a set of questions on Snapchat which included: "Do you think I'm f---able?"

On Thursday, Justice McWilliam said the crimes were "opportunistic and took advantage of the victim".

"It need hardly be said that the conduct here was engaged in with the purpose of sexual gratification."

However, the judge found full-time custody would "weigh more heavily" on Small due to a recent autism diagnosis.

"His condition makes him more vulnerable," Justice McWilliam said.

"The deprivation of liberty and the custodial environment would carry an additional hardship."

Justice McWilliam stated the length of the custodial sentence was "not to be taken as a proportionate reflection of the harm and ongoing mental anguish suffered by the victims."

In an impact statement, the victim's mother said she felt "helpless and hopeless" when her daughter disclosed the sexual abuse.

"It hurts as a mother to feel I didn't do enough to protect my own daughter," she said.

In court previously, the victim fought through tears to explain the meaning behind a drawing, which she did to illustrate the "haunting images" Small created in her mind.

The victim said it was unfair she had not been able to experience intimacy at her own pace, describing how her childhood memories were dominated by "constant rage".

In a letter read to the court on Thursday, Small said he was "riddled with shame and utmost remorse for his actions which he knows has caused shame and hardship to the victim."

Small will be eligible for release in March 2024.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Canberra Rape Crisis Centre 6247 2525; 1800-RESPECT 1800 737 732.
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