The Children's Court in Melbourne where Franco Abad worked as a security guard. Credit:Andrew De La Rue He was charged with having sex with her once more in August 2015, after police advised him that she was actually 14 and living in a Department of Human Services-run residential care unit. A jury unanimously convicted him of one count of sexual penetration of a child under the age of 16, which carries a maximum penalty of 10 years' imprisonment. Judge Ryan sympathised with Abad from the bench during a pre-sentence hearing on Friday, saying that the circumstances of the case were extremely unusual and that Abad was "not made of steel". Minutes after adjourning the court to consider a sentence, he convicted Abad of the crime and released him on a good behaviour bond for two years.

County Court judge Christopher Ryan said that the girl had appeared "older than her years". Credit:Ken Irwin Earlier, Judge Ryan said he had "little doubt" that up until they had sex the last time, Abad genuinely believed she was 17 years old. Judge Ryan said that the girl had appeared "worldly" and "older than her years" when she told the court about their sexual relationship in a "matter-of-fact" way via video link. The girl – who had turned 14 a few months before they met – had insisted that she was 17 when Abad had asked if she was younger during their relationship, the court heard. She maintained this when arguing about the issue with Abad and his sister for two hours following his interview with police, saying that her mother had lied to police that she was younger to get her in trouble.

Abad ended their relationship and left the room. "Then he goes to bed and is joined by a young woman. Well, he's not made of steel," the judge remarked. "There's nothing unnatural about having sex. "[One] ought not deal with this in a puritanical way. "The human aspect of it is readily understandable if I can put it that way."

While the girl could not at 14 legally consent to sex regardless of the offender's belief that she was older, Judge Ryan said the pair had had "desires that [had] been satiated mutually over a period of weeks" beforehand. Abad later confessed to police when his "conscience got the better of him" that he had had sex with the girl after they'd told him she was 14, the judge said. But he pleaded not guilty to the crime in court, unsuccessfully arguing that he had still believed she was 17, against police advice, when they had sex for the final time. Judge Ryan mused that people of all ages attended the Children's Court, including not only young child offenders, but also their parents and older siblings, for family law matters. The court heard that the girl had insisted that she was 17 when Franco Abad had asked if she was younger. Credit:Eddie Jim

Dr Cathy Kezelman, president of survivor group Blue Knot Foundation said it was completely unacceptable to dismiss what really was sexual assault of a minor "for any reason". Dr Kezelman, who is a sexual abuse survivor, said: "With respect, it would appear the judge's comments are ill-informed and perpetuate very dangerous myths which the royal commission and others ... are working very hard to shift." These included the notion that girls enticed men to have sex with them, and that men had irresistible sexual urges, she said. "It's always the adult's responsibility, it's never the child's," Dr Kezelman said. "This shows there is still a lack of information with people in a position of power to make decisions about culpability, sentencing and perpetrators."

Carolyn Worth, spokeswoman for Centres Against Sexual Assault described Judge Ryan's comments as "tacky", "inappropriate" and "unnecessary" for a pre-sentence hearing, likening them to views expressed at a dinner party. While she accepted that Abad had a valid defence, she said the judge's comments were irrelevant to it and "from someone who should know better than to put his personal views in the court arena". Judge Ryan's description of the girl's role in the crime also suggested she had seduced Abad, echoing outdated judicial attitudes that blamed victims for their abuse, which were no longer acceptable, Ms Worth said. "They suggest she's an equal party in this and I think that's not quite accurate," she said. "If he's 30 and she's 14 and already subject to court proceedings, she's clearly vulnerable.

"She may as well be sexualised and vulnerable but it doesn't make her any less vulnerable." Abad – who lost his job after he was charged and has since remained unemployed – had received a "salutary lesson" from his arrest and criminal trial, the judge said. "I'm absolutely satisfied that this man has learned his lesson." Abad was unlikely to re-offend, as his crime was not predatory but at a low level. The judge said the circumstances in which adults had sex with children "can vary immensely".

He also criticised DHS for interviewing Abad's sister's young children about their uncle after he was charged, calling this an "unnecessary invasion of her family privacy, bearing in mind the circumstances of your offending".