A Warrawong man has avoided jail for sexually assaulting his nephew during an attempted threesome - and then urging the woman involved not to tell police about the incident.
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The 55-year-old, who cannot be named for legal reasons, pleaded guilty in Wollongong District Court to indecent assault and hindering a police investigation.
The court heard the man and his nephew lived in separate, self-contained areas of a double-storey house owned by a family member.
In February 2012, the younger man received a phone call from his uncle asking him to come downstairs.
When the victim knocked on the bedroom door, the older man greeted him completely naked.
"[The uncle] told him everything was okay and suggested [the nephew] accompany him in the bedroom ... when [the nephew] went in he saw a woman lying naked on the bed," police stated.
The trio had a short conversation, during which time the older man pulled his nephew's pants down, and began to masturbate him.
When the victim told him to stop, the man complied, however a few moments later he repeated the motion.
He was again told to stop and did so, before the younger man left the room.
Police learnt of the incident the following month.
It emerged during their investigation that the older man had been urging the woman not to reveal anything to police if questioned.
Judge Paul Conlon said the man's actions against his nephew weren't as serious as many other examples of indecent assault that came before the court.
He noted the man had no criminal history and was highly regarded by those who knew him.
He placed the man on a good behaviour bond over the assault, and suspended a nine-month prison sentence for the hindering charge.
