A Brisbane police officer has been charged by the state's Crime and Corruption Commission with using the force's database to undertake checks for personal purposes.
The CCC today claimed the 43-year-old male detective senior constable snooped on details in the QPRIME database ten times throughout last year.
Both have been charged with 44 counts of misconduct throughout 2010 to 2016, and will appear in court on July 18.
The CCC said it had notified the QPS ethical standards command about the charges against the former officer.
He said while "the mistake of age is not an excuse" for an adult to have sex with a minor, it does happen and should be taken into account when deciding whether the defendant should go to prison."Somebody who is 19, 20, 21, you think should know better, but I have seen a lot of people who don't know better about anything," he said.
He will appear in the Brisbane magistrates court on July 18.
The CCC declined to provide any more detail of the alleged offence while the matter is before the courts.
In an interview, Babiarz said judges and lawyers on both sides often rely heavily on presentence reports to get more information about the defendant, victim and their circumstances.
Such reports, which are not public, can be critical in determining punishment for someone convicted of fourth-degree rape, especially if the sex was "totally consensual," he said."Sometimes you find out that the victim, though she is 14 or 15, is the sexual aggressor and willing participant.
Babiarz, who is now retired, presided over three of those cases, including the case of a 30-year-old man who had sex with a 14-year-old girl he met on a phone dating line.