A 32-year-old man invited a 12-year-old girl to his house and soon after she arrived, the pair went into his bedroom and had unprotected sex, resulting in her becoming pregnant.

Today, the girl, now 13, was in New Plymouth District Court, visibly pregnant, as the unborn baby’s father, Adam Busby, was sentenced to three years’ imprisonment for having a sexual connection with a young person.

Referring to the summary of facts, Judge Tony Greig said Busby knew the girl and approached her in the street on January 11 this year.

They spoke and he asked if she would like to go to his house, in Stratford, Taranaki, later that day, to which she agreed.

That night, she snuck out of her home and Busby met her outside his house and then took her into his bedroom.

“You talked to each other. She told you that she was 12 and you told her that you were 32. She asked you if you had any birth control protection and you said ‘no’. You then both had sex,” the judge said.

“She stayed a couple of hours before going back to her house.”

The following month, the girl went to the doctor and discovered she was pregnant.

While victim impact statements were not read in court, Judge Greig said the girl reported that when in Busby’s bedroom, one of the first things they spoke of was her age.

Adam Busby, 32, has been jailed for impregnating a 12-year-old girl.

“He said, ‘okay’. After we talked, he asked if he could kiss me. I said, ‘yes’. After we kissed, Adam asked if I’d had sex before. I said, ‘no’,” the judge said, reading her statement.

“He asked me if I wanted to have sex. I was scared but I wanted him to like me and know what it was like.

“We had sex and after he asked if I was okay. I said, ‘yes’, then we talked more. Then he said, ‘thank you’ and took me home.”

The girl was particularly vulnerable

The girl told the court she wanted to parent her child and a social worker had been assigned to them.

She had to change schools as a result of her pregnancy, her family relationships have been seriously impacted and she has had to move in with other family members.

However, the girl was no longer in school and was now doing her schoolwork online. She told the court she never wanted to see Busby again.

The judge said a report from a social worker advised that the girl was particularly vulnerable because of her upbringing and the trauma she had faced.

It said some family members were against the baby being raised by strangers and were committed to supporting the girl and her child.

Adam Busby was sentenced in New Plymouth District Court on Thursday. Photo / Tara Shaskey

“She has a strong desire to parent her baby, claiming it’s not her baby’s fault. This is also reflective of a child who has been removed from her own parents’ care,” the judge said.

“Her life has been drastically altered by becoming a mother at 13.

“The stigma that the world places on teen mothers, the names this child has been called from members of the community and her family, and the subsequent breakdown of relationships because of what has happened has a far-reaching impact which may continue for the rest of her and her baby’s life.”

Judge Greig said the harm Busby had caused could be intergenerational.

“This young woman, whom you impregnated, had been removed from her parents because of the dysfunctional childhood that they caused her to have; now she is going to try and parent another child.”

‘You’ve really let yourself down’

In sentencing Busby, the judge said he had dealt with him on previous occasions.

He described Busby, who has other children, as “a wild boy” and “a tearaway”.

His criminal history included driving, violence and dishonesty-related convictions but “nothing of this seriousness”.

The judge said Busby had “really let himself down”.

“One thing I’ve always respected about you is your dedication as a parent... so that’s why I say you’ve really let yourself down here.”

Judge Greig said that Busby had told a pre-sentence report writer there were “a couple of discrepancies” in his and the girl’s account of what had occurred.

He claimed he was unaware of her age until they discussed it after they had sex, and she had snuck out of her house because she was fearful of something that was occurring in her home.

Busby told the report writer he felt “a bit set up”. He said he’d had at least 12 cans of bourbon premixes on the evening he met with the girl, he had no intent to have sex with her and he thought she was “around 16″.

“I wasn’t aroused or anything until she kept grinding on me. When I found out her age, I was devastated. I told her that my life was over. I did not know she was pregnant until I was arrested. I was surprised when I was informed she was intending on keeping the baby,” Judge Greig said, reading Busby’s comments.

The Crown said such comments made by Busby lent themselves to victim-blaming and the judge pointed out it was not what the summary of facts, which he pleaded guilty to, stated.

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Judge Greig set a starting point of four years’ imprisonment, according to case law, but said it “was not enough”.

“You should be sentenced to about twice that for the harm you have caused and will cause, as I have said, for years to come, but I am bound by the law.”

He allowed a 25% credit for Busby’s guilty plea but refused to give him any further discounts, including for Busby’s claimed remorse.

Busby was automatically placed on the Sex Offender Register.

Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.

SEXUAL HARM

Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.