Kye Zachary Scott: Geraldton man spared jail over rape charges, placed on nine-month pre-sentence order

A Geraldton man who pleaded guilty to three rape charges against a teenage girl he met over Snapchat has been spared jail and given an opportunity to prove himself. Kye Zachary Scott, 20, appeared in Geraldton District Court on Thursday for sentencing on two counts of aggravated sexual penetration without consent, one count each of sexual penetration without consent and impeding another person’s normal breathing or blood circulation by applying pressure to the neck. The court was told previously the teenagers struck up a relationship over Snapchat and the victim felt comfortable talking to Scott, who was then aged 18. After several weeks of chatting online, they met in person for the first time, however, nothing untoward is alleged to have occurred. On December 12, 2020, Scott picked the girl up and drove her to West End. Once there he reached under her dress, the victim brushed his hand away stating she was “not ready for that” but Scott insisted “it would be alright”. The next day, Scott and the victim were watching a movie at her house when he held her down, choked and sexually assaulted her. They continued to speak and Scott is said to have committed another offence before the relationship was broken off. District Court Judge Mara Barone highlighted the very significant, traumatic and life-long impacts such offending would have on the victim’s mental health and self worth. “She still feels the pain very personally, every day and moment,” Judge Barone said. While a term of imprisonment was inevitable, Judge Barone said whether it was suspended or not, depended on Scott’s commitment to change. State prosecutor Gary Huggins said they did not oppose a suspended term of imprisonment, while the victim previously said she did not want Scott to go to jail. The court was told the maximum penalties for aggravated sexual penetration without consent is 20 years imprisonment. “Not all is lost though, you accepted responsibility, pleaded guilty, and were willing to participate in victim meditation,” Judge Barone said. Taking these factors into consideration, Scott was placed on a nine month pre-sentence order and is due to be sentenced on August 14 next year. The pre-sentence order will see Scott participate in programs and counselling within the community, which could include sex offender treatment. He will have regular check-ins, with Judge Barone to assess his progress, with the first being on January 16. Speaking to a relieved Scott, Judge Barone told him “I am watching” and “I will hold you accountable to your commitment”. “You’re still only 20, it’s a big world out there and you are going to have to learn how to navigate relationships and people,” the judge said. Judge Barone offered a final reminder to Scott of the term of imprisonment hanging over his head, stating “how you go now is up to you”.