Man accused of sending sex texts to 12-year-old says he didn't know her age

The man appeared in Warrnambool Magistrates Court on July 15, 2024, charged with child sex offences.

He will face a contested hearing in the same court on September 9.

Lawyer Isabelle Johnson, representing the man, said her client's instructions were quite clear - he did not know her age.

She said the man and the alleged victim had not met in person and the charges related to a series of text messages that were "certainly sexual in nature", and lasted over a one-month period.

Ms Johnson said her client met the girl through a conversation on a video call with another friend, who was aged in her 20s.

She said during that phone call the alleged victim and the adult woman were at a house party with a group of other people aged in her 20s.

She said her client believed the alleged victim was also aged in her 20s and that her Facebook account reflected that.

"Facebook doesn't allow you to have an account with an age under 13," Ms Johnson said.

"There is certainly an indication that her Facebook may have been listed as older than her actual age."

Police prosecutor Senior Constable Greg Kew said it was accepted the man did not know the girl's age at the beginning but he alleged the man had sent further messages upon realising she was a minor.

"He is fully aware that she is 12 and that he is going to get into trouble," he said.

He said the messages were located by police after officers seized the girls phone during an unrelated matter.

The court heard there had been a plea offer, which the defence was yet to consider.

But magistrate Franz Holzer said that even on reduced charges the man could face time in jail.

The court heard the accused man, would also be placed on the sex offender's registry, if he was found guilty or pleaded guilty.

The matter was adjourned and he will contest the charges in September.