A woman who had sex with a 15-year-old boy will not spend time behind bars despite her "foolish lapse''.
Judge Lance Pilgrim sentenced Diana Nicole Bennett this morning after she pleaded guilty in the County Court to one count of sexual penetration of a child under the age of 16, a charge that carries a maximum jail term of 10 years.
Bennett, a volunteer worker, went to the boy's house in January 2005 dressed in underwear and a cardigan after he had telephoned her at home one morning and invited her to his house.
They had been friends for about six months and that the boy had earlier promised to give her a kiss for Christmas.
The pair were caught by a friend of the boy's who walked into the room while they were having sex. The court heard Bennett drank three bottles of vodka straight each week and her alcohol problem played a role in her offending.
Judge Pilgrim said Bennett had been "totally open and frank'' with police and had taken "significant steps'' to rehabilitate herself.
"This is a serious offence,'' Judge Pilgrim said, sentencing her to 12 months jail, fully suspended for 18 months.
"I have no difficulty categorising your offence as a foolish lapse.''
Bennett refused to comment when she left court.
Defence lawyer Richard Backwell said at the time Bennett was a depressed, lonely and vulnerable alcoholic who had sought "attention, adoration and admiration''.
He said three weeks after the incident, she voluntarily contacted police to make full admissions without which a case could not have been mounted.
While the boy's parents still spoke to Bennett who had visited them on several occasions, he was now rude and unpleasant towards her, although he did not write a victim impact statement.
Bennett, who works at an aged care home and at an opportunity shop, had no prior convictions and has been attending alcohol counselling.
