Govt seeks review as child rapist freed

08:29 AEST Tue Mar 3 2009 Ninemsn

The NSW government has sought urgent advice from the Department of Public Prosecutions (DPP) on the possibility of appealing against a suspended sentence given to a man who raped a four-year-old girl.

Attorney-General John Hatzistergos said the 24-year-old man pleaded guilty to sexual intercourse with a child under 10 and was given a two-year suspended sentence in the Downing Centre District Court in Sydney on February 6.

The sexual assault happened at South Grafton in November 2007, he said.

"Yesterday, when this was brought to my attention, I immediately contacted the DPP seeking urgent advice on whether they could appeal," Mr Hatzistergos said in a statement on Tuesday.

"I understand the DPP is examining its options in this case."

The man broke into the house where the girl was sleeping and sexually assaulted her on November 22, The Sydney Morning Herald reported on Tuesday.

He was arrested five days after the attack after a DNA match was found with some clothing at the scene, the Herald said.

The NSW opposition has called for the sentence to be appealed.

Opposition attorney-general Greg Smith said the suspended sentence sent a poor message to the community.

"The community have a right to expect the punishment to fit the crime," the Herald quoted him as saying.