Jason Benjamin Smolenaars in court for rape

A Fraser Coast construction worker has walked free after spending almost 200 days in jail following his attack on a woman in the days leading up to Christmas.

A Torquay man who digitally raped a woman has been sentenced in Hervey Bay District Court.

A Torquay man who digitally raped a woman when she rejected his drunken demands for sex has been released on parole after spending almost 200 days behind bars.

Jason Smolenaars, 53, pleaded guilty to rape in Hervey Bay District Court on Monday morning.

The court heard at 9:15pm on December 22, 2021, Smolenaars went to a Point Vernon property after work and started drinking in the garage.

He became heavily intoxicated and later said to the woman, “I want sex” to which she replied, “no, you are drunk”.

Ernest Bradley Green in court for assault at Torquay Hotel

The court was told Smolenaars then forcefully digitally penetrated her for more than a minute, during which she shouted “stop it” repeatedly.

When she got him off her she shouted “do not ever do that again”, slapped him across the face and fled.

The trial of a Point Vernon man accused of sexually abusing and raping a child has begun in Hervey Bay District Court.

The woman made a formal complaint in May 2022, and Smolenaars was arrested shortly after.

The court heard before sentencing, he had served 194 days in custody.

Defence lawyer Wesley Seewald said his client was “deeply and sincerely sorry for his egregious actions” and that it was his first time in custody.

Mr Seewald said Smolenaars was employed with QCivil Constructions and intended to return to work as soon as he was out of jail.

He was originally from Sale in Victoria and had been living on the Fraser Coast since he was 17.

During his time in the region, he had worked as a butcher for 15 years before turning his hand to labouring.

Judge William Everson sentenced Smolenaars to two years jail with a parole release date of October 16, 2023.

Convictions were recorded.