The teenager, who cannot be identified, was just 13 years old when he sexually assaulted a 14-year-old year eight student at a Queensland school in September 2018.
Just after the bell for lunch the boy approached his victim brushed her hair off her face, and kissed her, according to agreed facts of the boy's court case.
The girl pushed him away and when she tried to leave, the boy grabbed her arm and dragged her into a brick alcove that was out-of-bounds during lunch.
He pushed her against bricks and pinned her arms to the wall, threatening to hit her if she screamed.
When she told him to stop, the boy slapped her breasts and kissed her.
His victim was too scared to raise the alarm as the boy pulled up her school skirt and performed indecent acts before raping her.
When the assault was over, the boy warned her not to tell anyone about the attack or "he would come and find her".
The girl immediately ran to the school office for help.
"Other girls saw the complainant crying hysterically and shaking, with her skirt dishevelled and back-to-front," the court was told.
Police were called and the attacker, still at school, insisted the incident was consensual and the girl "initiated consensual kissing".
Psychologists identified the boy had a mild intellectual disability and had been exposed to pornography leading up to the attack.
"His likely self-exposure to pornography appears to have shaped his development of ... attitudes and ideas about what behaviours were acceptable, desirable and pleasurable, influencing his sexually coercive behaviour," the psychologists found.
They also warned of a "moderate to high risk" the teen could re-offend.
The teen pleaded guilty to multiple counts of rape and indecent treatment and was sentenced to 18 months to be released after serving nine months.
The teen's legal team appealed and in a Queensland Court of Appeal judgment published on Tuesday, the sentence was reduced to 14 months with the boy, now 16, to be released after seven months.
"The applicant was only 13 years old when he committed the offences," the court found.
"He had no record of previous offending, he found employment and did not re-offend during the lengthy period he was on bail.
"The psychological report indicates his rehabilitation would best be promoted by treatment in the community."
No conviction was recorded.
9°C