Judge Signals Non-Custodial Sentence in Underage Sex Case

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Judge Signals Non-Custodial Sentence in Underage Sex Case


Twenty-two-year-old Mark Stephen Godoy Junior has pleaded guilty to two counts of unlawful sexual intercourse involving a fourteen-year-old girl. Godoy entered the pleas in the High Court before Justice Nigel Pilgrim after his attorney, Monica Stuart, requested an indication of the likely sentence. The judge indicated that, based on the unusual circumstances of the case and Godoy’s significantly reduced level of culpability, he would be inclined to impose a non-custodial sentence.  Godoy was accused of having sexual intercourse with the minor on two occasions in March 2024, when he was twenty years old. According to the agreed facts, the two began communicating through Facebook Messenger and Instagram. Godoy reportedly knew that the girl was fourteen before the encounters occurred.  The case raised complex questions about Godoy’s intellectual capacity and whether he was fit to enter a plea and stand trial.  Two psychiatric assessments, one prepared by clinical psychiatrist Dr Suzanna Hoy-Mitchell in March 2025 and another by Dr Denettlhia Usher in January 2026, concluded that Godoy has an intellectual impairment. Dr Usher found that his condition was worsened by symptoms of depression, while Dr Hoy-Mitchell indicated that marijuana use may also have suppressed his cognitive functioning.  Despite both assessments reportedly finding him unfit to stand trial, Justice Pilgrim later ruled that Godoy was legally fit to plead and face trial.  Following the guilty pleas, the judge said the level of blame that could reasonably be attributed to Godoy was significantly reduced by his intellectual impairment and depression. Justice Pilgrim indicated that, in his view, imposing a prison sentence would be unjust in those circumstances.  While the court has accepted Godoy’s guilty pleas, his punishment has not yet been formally imposed. Sentencing is scheduled for September 7, at 1:30 in the afternoon, when the court will determine the conditions of the non-custodial sentence.

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