When a successful Papua New Guinea businessman kissed a 15-year-old girl, he believed he had consent under a cultural marriage.
Jeffrey Kennedy - now 38 - had been told by the girl's mother that the child was being prepared for a sexual relationship with recorded vows exchanged, a Queensland court has heard.
However Kennedy was arrested for indecent treatment after a July 2019 incident in a Brisbane hotel room.
After having dinner together, Kennedy sat with the 15-year-old on a couch while the mother went to another room.
Kennedy kissed her before stroking her leg and indecently touching her for about 10 minutes after the girl had consumed an "amount of alcohol".
The girl wanted him to stop when they heard the mother moving around in the nearby room and she left without incident.
The child told a friend about the incident upon her return to PNG and the Australian Federal Police arrested Kennedy in October 2019.
Kennedy's barrister told Brisbane District Court if the conduct had occurred in PNG it would not have been considered an offence.
"Unlike Australia, many customary practices and traditions are recognised in New Guinea," Craig Eberhardt said.
"For example polygamy is widely practised in his (Kennedy's) region and seen as a symbol of success and stature."
Kennedy first met the girl when she had just turned 15 and became attracted to her, the court heard.
After speaking to the mother, they consented to a cultural marriage in late 2018.
Mr Eberhardt said the mother had also told Kennedy when sexual activity could occur.
"At all times he believed (the girl) was a consenting party both to the marriage ... and sexual activity," he said.
"He says he had no interest in forcing her to be his wife."
In a victim impact statement read to the court, the girl said her life had been turned upside down by the incident and she had undertaken counselling.
Mr Eberhardt said former lawyer Kennedy had forged a reputation as a respected businessman in PNG, tendering references from the country's attorney general and mining minister.
However, he said Kennedy's PNG businesses had suffered while he had remained on bail in Australia on a criminal justice visa for more than three years, suffering losses of up to $3 million.
Judge Katherine McGinness said Kennedy's matter was "somewhat unusual".
"There was a ... belief that you were bonded in marriage ... under Papua New Guinea customary law," she said.
"I note this whole relationship was with the consent of ... the mother and with the consent perhaps of the child.
"Although that's why we have such laws in Australia, to protect young vulnerable children from having to make decisions such as that."
Kennedy pleaded guilty to two counts of indecent treatment of a child under 16 under care.
He was sentenced to 18 months in jail, suspended for two years.
Kennedy is set to fly back to PNG after he walked free from court on Friday, with his 27 days in custody declared time served.
