Luke Matthew Johann Smola jailed for Moura sexual assault

A man who snuck into a woman’s home in the middle of the night as she slept alone and sexually assaulted her left damning evidence behind.

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A former miner once convicted of trafficking drugs in Victoria has been jailed for sneaking into a woman’s house while she slept alone and sexually assaulted her – then blamed her.

The victim fell asleep home alone on March 17, 2023, Crown prosecutor Cameron Keast told Rockhampton District Court on March 26.

She woke up at 2.35am to Luke Matthew Johann Smola, 40, in her bed, touching her buttocks and smelling of alcohol.

“She froze,” Judge Jeff Clarke said.

Smola pulled the woman’s underpants down and rubbed his flaccid penis against her buttocks and genitalia.

The woman overcame her fear and shock to ask Smola what was he doing.

Judge Clarke said Smola told the victim he had just been at the pub.

The victim then asked where his girlfriend was and Smola said he didn’t know.

“She jumped out of bed and told him it was time to go and he subsequently left,” Judge Clarke said.

He said the victim was shaking and crying when she told her neighbour what happened soon afterwards.

Judge Clarke said the victim went to police later that day and police seized her bed sheets, pyjamas and a can of premix whiskey and cola to conduct an independent DNA examination.

He said Smola’s fingerprint was found on the can and his semen was found on her bedsheets.

Judge Clarke said when Smola was interviewed by police seven months later, he repeatedly lied.

He said Smola first told police he was at home asleep with his girlfriend at the time of the offence.

Judge Clarke said he then told police he had never been inside the victim’s house and didn’t live near her place at the time of the offence.

He said when Smola was told about the fingerprints, he accused the victim of generating false evidence by getting a can from his house.

Judge Clarke said when Smola was told about the semen found, he once had consensual sex with the victim 18 months prior which was a lie.

He said Smola called the victim a liar and “victim-blamed her” which he found “really quite reprehensible and detracts from some kind of mistaken drunken escapade”.

Defence barrister Julie Marsden said Smola grew up in Moura, leaving school after finishing Year 10 at Moura State High School, and worked at Anglo America until 2010 doing belt maintenance.

She said he then moved to Melbourne and worked as a truck driver.

The court heard Smola had been convicted of trafficking marijuana in Victoria in 2018.

He has four children from a previous relationship who still reside in Victoria and he visits with them.

Ms Marsden said her client started seeing his current partner in August 2021 and she relies upon him due to an illness.

She said it was because of this relationship that he made the decision to lie to police.

Smola pleaded guilty to one count of sexual assault and was sentenced to 15 months prison, suspended after serving five months with a two-year operational period.

The court heard the victim has since died. The cause of her death was not revealed.