A 23-year-old man who had sex with a 15-year-old will dispute knowledge of her age in the Albany District Court.
Bradley John O’Halloran pleaded guilty last Friday to sexually penetrating a child over 13 and under 16.
The court was told between October 1 and November 30, 2008, O’Halloran sexually penetrated the victim but was unaware of her age.
O’Halloran’s defence lawyer Bruno Illari said his client would dispute the facts of the case.
“He believed her to be 17,” he said.
Mr Bruno said any trial would be on the issue of knowledge of age and several witnesses would be called including his mother and doctor.
“My client suffers from a condition which causes him to be unusually stressed, and the condition causes his perception on things to be wrong,” he said.
The prosecution said it was not prepared to accept O’Halloran’s defence and would also call several witnesses who would testify he knew the victim was 15.
Judge Robert Mazza said it would be a trial on the issues. He also ordered a physiological and psychiatric report before O’Halloran’s sentencing on April 12.