Robert Evans fronts court after being found guilty of rape

A victim has described feeling “chronically distressed” since he was raped, as a court heard the perpetrator had “excellent” prospects for rehabilitation.

Robert Evans arrives at court during the trial.

A former nurse found guilty of raping and sexually assaulting a man who had passed out in his home has “excellent” prospects for rehabilitation, a court has heard.

Robert Evans, 56, appeared in the County Court at Geelong via link from Ravenhall prison on Thursday for a plea hearing before Judge Gerard Mullaly.

Evans was found guilty of rape by compelling sexual penetration and sexual assault by a jury in December following a trial.

The charges stemmed from a single incident in 2022, in which a man woke after dozing off to Evans performing oral sex on him, following an afternoon drinking session.

Crown prosecutor Andrew Moore read from two victim impact statements.

In his, the complainant said he suffered anxiety, depression, anger, shame, frustration, distrust, grief and a loss of his sense of self since the incident, as well as difficulty forming and maintaining relationships and trust, intimacy and sexual issues.

Physically, he said he suffered nausea, waking during the night and nightmares, and felt “chronically distressed”.

His wife, in her own victim impact statement, described the “damaging and immense impact” the crime had on their marriage.

She said she’d felt anxious seeing the impact it had on her husband and said the crime put a “huge strain” on their family and social lives.

The court heard it was the position of both parties that the “only appropriate” sentence was prison time with a non-parole period.

However, Mr Moore said the prosecution did not take issue with the defence’s submissions on Evans’ behalf and that “substantial concurrency” between the sentences imposed on the two charges was appropriate.

The court heard his sentence could feature “a level of compassion” given the “circumstances he has endured”.

Evans’ lawyer, barrister Jonathon Barrera, told the court it was to his client’s credit that he managed to become gainfully employed, despite a disadvantaged childhood.

“Despite his upbringing, he’s been able to live a prosocial life for a significant amount of time,” Mr Barrera said.

However, it was not argued that his difficult life had a causal effect on the crime, which Judge Mullaly described as “opportunistic”.

Evans had suffered extra-curial punishment with the loss of his career, the court heard, but had managed to find work as a diesel mechanic.

The court heard that in the lead-up to the incident, Evans had suffered the loss of his mother and two sisters.

Mr Barrera argued Evans, who was supported in court by his partner, ex-wife and daughter, had excellent prospects for rehabilitation.

Judge Mullaly concurred, stating Evans likelihood of reoffending was “vanishingly low” and that it was “almost a guarantee” that he would “resume his lawful ways” upon release from prison.

The court heard Evans’ entry to the prison system was “extraordinary” for a first-time offender, in that he was placed in isolation due to media coverage and a “severe risk of violence” from other prisoners.

Evans will be sentenced on February 7.

Originally published as Robert Evans fronts court after being found guilty of rape