SA court spares James Morrison Academy musician Matthew Allen Harkins a conviction for sexual assault of fellow student
A musician who indecently assaulted a fellow James Morrison Academy student has been spared a conviction – meaning he can resume his career in the US with no questions asked.
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A jazz musician who indecently assaulted a woman will return to the US and pursue a teaching career this week – without a conviction for sex offending.
On Wednesday, the District Court spared Matthew Allen Harkins a prison term on condition he serve a two-year, $5000 good behaviour bond.
That bond, however, expires at the SA border and cannot legally follow Harkins to his home in Maine, which is the northernmost state in the northeastern US.
His lack of a criminal conviction, meanwhile, means he will be eligible to register for teaching jobs, and only have to disclose his offending if asked by employers.
Harkins, 26, was originally charged with rape – which carries a maximum life sentence – after the August 2018 assault.
He and his victim were both studying at Morrison’s academy, at Mount Gambier, and Harkins’ bail was varied to allow him to play alongside the jazz legend in Melbourne.
Last month, prosecutors accepted Harkins’ plea to one count of indecent assault – which has an eight-year maximum term – instead of rape.
Through his lawyer, Harkins admitted he had been “reckless” toward his victim and “should have been more careful” when she did not consent to his actions.
In sentencing on Wednesday, Judge Rauf Soulio said that may provide some explanation for, but in no way excused, Harkins’ offending.
“It’s a fundamental position that women in the position of (your victim) are entitled to refuse to engage in, or refuse to continue, sexual activity at any point,” he said.
He said Harkins’ victim had been “humiliated, discredited, frightened and violated” by his offending, and had told the court she felt there were “no winners” in the case.
Judge Soulio said Morrison had provided a character reference on Harkins’ behalf, calling his student “professional” and “always respectful of those with whom he performed”.
“Morrison was at pains to point out he abhorrs any form of behaviour that is disrespectful, harmful or violent toward any person,” he said.
He said prosecution and defence had agreed it was appropriate he impose a bond, and that the decision regarding a conviction was “finely balanced”.
“Your offending was not a transient sexual assault but I accept its surrounding circumstances led to a degree of confusion on your part as to the issue of consent,” he said.
“Ultimately, I have come to the view it’s appropriate to proceed without a conviction.”
Outside court, counsel for Harkins – who appeared by video link with Mount Gambier – said their client was “preparing to leave the country within the week”.