Nurse Anthony Estilo allowed to continue practising after teen sex offending

A Goulburn nurse who admitted to sexually abusing a teen after her 19th birthday party has fought against a submission for his registration to be cancelled for two years.

Anthony Estilo. Picture: Adelaide Lang

A nurse who unlawfully sexually touched a teen at a hotel after her 19th birthday celebration has won the battle to keep his registration.

Anthony Estilo was convicted of two counts of sexually touching another person without consent last year.

The Health Care Complaints Commission then sought for the practitioner’s registration to be cancelled with a two-year non-review period to “protect the public” after he was convicted.

According to a fact sheet tendered to the court before Estilo was sentenced, the Goulburn resident met the teenager through a mutual friend at his house, a few days prior to her 19th birthday party in January, 2021.

Facts state the teen then invited Estilo to her party at the Quest Hotel, where the victim refused a dare as part of a drinking game to have Estilo lick icing off her body.

Once the party ended about 2am, Estilo offered to help the victim clean. He pulled her down to sit with him on the couch, when she began to fall asleep and he took her into the bedroom and started kissing her and licking her neck and body, even after she said no and turned away.

The victim fell asleep and woke up to find he had pulled down her shorts and underpants, and was touching her vagina.

Anthony Estilo at Goulburn Local Court.

Although the victim pushed his hand away, court documents state Estilo kept touching her and kissing her on the mouth, neck and cheeks.

After falling asleep again, the facts show the victim woke to the sound of the offender unwrapping a condom, which he placed on his penis before rubbing his penis on the teen’s vagina.

He was originally handed a sentence of 24 months in jail, with a non-parole period of 15 months, on November 24, 2021.

However, this was reduced on appeal to an 11-month intensive corrections order with 100 hours of community service.

In submissions to the NSW Civil and Administrative Tribunal, the Commission stated Estilo’s conduct was “predatory and exploited” the victim.

It also stated Estilo was unfit to practice due to the gravity of the offences, and potential relevance of the acts to health practice.

“As a registered nurse, the practitioner‘s responsibilities include touching patients who may be unwell, asleep, sedated or unconscious,” the submission stated.

“The Code of Conduct … requires registered nurses to practice legally and act with professional integrity.

“The practitioner’s conduct is inconsistent with the professional and ethical obligations expected of a registered nurse.”

In his submissions, Estilo said he would like to return to nursing if given the opportunity and continue to live in Australia.

“I take full responsibility for my offending and I am determined to abstain from alcohol and will avoid it,” Estilo said in a statement.

“I resigned my position as a RN after the offending effective September 29 2021, but acknowledge that had I not resigned I would rightfully have been terminated from my position with Southern NSW Local Health District.

“I am deeply ashamed of my actions. I now work in retail at a service station to earn money to make a living. I wish to rebuild my life and remain in Australia if possible and regain the right practise as a RN.”

The tribunal found that Estilo was “open and honest” during the hearing, displayed remorse and insight and was currently a fit and proper person to be working as a registered nurse.

“The Tribunal … is comfortably satisfied that [Estilo] has demonstrated insight into his behaviour, remorse for what he has done, and the ability to continue to practise as a registered nurse going forward without being a risk to the community,” court documents read.

“In regard to the message to the nursing profession, the Tribunal believes that a very severe reprimand of [Estilo] is appropriate [because Estilo was not] predatory in his behaviour.”

Estilo was severely “reprimanded” and ordered to pay court costs.