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Queensland man jailed for ‘virtual carnal knowledge’

Feeling lonely after a break-up, Michael James Mercer started having “virtual carnal knowledge” with a 15-year-old girl.

At 26, Mercer began grooming the girl, exchanging more than 23,000 sexual text messages over 11 months, Brisbane District Court heard.

Mercer – now 33 – was also found in possession of more than 6500 files of child exploitation material five years later.

Depressed after a relationship ended, Mercer met the 15-year-old online and “couldn’t stop contacting her” because he thought she was mature for her age, the court heard.

Sexual messages were exchanged almost daily along with photographs Mercer procured from the girl between January 2015 to February 2016.

The girl stopped responding after turning 16.

Mercer’s barrister said the messages were consensual, describing his client’s offence as “virtual carnal knowledge”.

“He thought he was in a relationship, a relationship that he depended on, where he shared his life, he shared his secrets,” the defence lawyer said.

“They expressed love for one another and they gave each other pet names.

“This was a consensual relationship but I still accept it is a criminal offence nonetheless.”

When told that the girl had not provided a victim impact statement, Judge Paul Smith said: “She probably doesn’t want to think about it any more.

“I have read the details of the messages. They are clearly sexual in nature. There was clear grooming by you of her.”

Judge Smith said there would have been some impact on the child and he could infer harm suffered psychologically despite the absence of a statement.

“She was 15 at the time. It does seem to have been consensual discussion in this case but of course you are far older and children need to be protected from themselves,” he said.

The court heard Mercer was also found in possession of 6560 files of child exploitation material on three devices during a police search in August 2021.

“It is quite disgusting actually, some of this material,” Judge Smith said.

There was no evidence of Mercer accessing the material between 2016 and 2021, the court heard.

“But of course the images were downloaded to external storage devices and it’s a fair inference this was done for the purpose of viewing,” Judge Smith said.

Mercer had a history of anxiety and depression after being raised in a very religious household which he left at 18, the court heard.

He struggled to establish a stable social network after chronic mental health problems, the court was told.

Mercer was lonely and had few friends at the time he met and began grooming the girl.

“He is clearly a troubled person,” Judge Smith said.

Mercer on Monday pleaded guilty to 32 counts including using a carriage service to groom a person under 16 years and was sentenced to three years in jail.

He will be released after serving 12 months on a $1000, two-year good behaviour bond.

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