Former Townsville prison guard Ashley Rogers pleaded guilty to common assault after sexual assault charge downgraded

A prison guard who slapped his female colleague on the buttocks, arguing a case of “mistaken identity” has escaped a conviction in court.

A PRISON guard who slapped his female colleague on the buttocks, arguing a case of “mistaken identity” has escaped a conviction in court.

Ashley Rogers pleaded guilty in Townsville Magistrates Court on Wednesday to a downgraded charge of common assault, after his original charge of sexual assault was substituted.

Prosecutor Nathan Smith told the court that on February 4, 2021, the woman had been signing paperwork while bent over a desk in the control room when Rogers entered and slapped her on the buttocks.

Ashley Rogers pleaded guilty to.

Mr Smith said the woman felt “two hard smacks” and turned around to see Rogers behind her.

A second male colleague witnessed the slaps.

The court heard Rogers had told police he wasn’t “paying attention” when he slapped the woman, and that he had mistaken her for a larger, “heavy set” male colleague.

The woman was heard to be only 155cms, and of proportionate size.

“(Rogers) conceded there was a large degree of difference between the size and weight of the two,” Mr Smith said.

When the woman reported the incident on July 16, she said she did not know Rogers well and did not socialise with him outside of work.

Before working at Townsville Correctional Centre, Ashley Rogers formerly worked as a pest control technician.

Rogers’ lawyer, Mathai Joshi, told the court his client had worked in a range of professions including in the defence force, and suffered from PTSD.

When Magistrate Ross Mack read through Rogers’ letters of reference, Mr Joshi pointed out a majority were “(women) who speak highly of him”.

Rogers’ partner and son watched on from the public gallery.

Mr Joshi said Rogers had been suspended without pay since September, and argued a conviction would affect his career outcomes after completing his paramedicine degree.

Ashley Rogers used an umbrella to hide his face from the camera outside Townsville court precinct after his sentencing.

“He is a contributing member of society and he has made a mistake,” Mr Joshi said.

“He has participated in relevant programs and rehabilitation undertaken through the ethical standards process …”

Mr Mack acknowledged Rogers’ remorse and his apology to the woman.

He said after his suspension and investigations, Rogers had “served (his) punishment”.

“Anything I do is of little consequence in regard to what you have already suffered … or as a consequence of other agencies,” Mr Mack said.

Rogers was placed on a nine-month, $750 good behaviour bond with no conviction recorded.

Originally published as Former Townsville prison guard Ashley Rogers pleaded guilty to common assault after sexual assault charge downgraded