Grub Gippsland plasterer Jimmy Bavadra pleads guilty to sexual activity while teen victim slept
A Gippsland plasterer who directed a lewd sexual act towards a sleeping teen victim blamed his “disgusting” behaviour on alcohol.
Bass Coast News
Don't miss out on the headlines from Bass Coast News. Followed categories will be added to My News.
A Gippsland plasterer who “sexually harassed” a sleeping teenager at a party with “repulsive” offending left his young victim traumatised.
Jimmy Bavadra, 34, was sentenced in the Melbourne Magistrates’ Court on Thursday to a two-year community correction order after pleading guilty to engaging in a sexual activity which may cause the victim to experience fear or distress.
Bavadra tormented his 19-year-old victim after the pair attended a party in Gippsland in mid-2021.
The court heard Bavadra was on his way to the toilet when he spotted the young woman sleeping on a couch.
Bavadra left the toilet and returned to his victim before he exposed his penis and masturbated while standing above the young woman.
The victim woke while Bavadra was performing his lewd act and discovered his genitals was only 30cm from her face.
The victim “immediately” stood up, asked Bavadra what he was doing then told him to get away from her.
The young woman told others at the house what happened then left the house.
She later reported Bavadra to police.
Bavadra admitted to police he performed a lewd act near his victim after spotting her asleep on a couch.
Bavadra, who claimed he consumed 15 beers and 18 UDLs while at the party, told police the victim asked him “what the f**k he was doing”.
Bavadra claimed he apologised to the victim then ran and hid in a bedroom.
Bavadra, who later left the property, also claimed he was “too embarrassed” to return to the home to collect items he had left behind.
The victim, in a statement read to the court, said Bavadra “sexually harassed” her in a place where she was “supposed to feel safe and comfortable”.
“What started as a harmless and enjoyable night with my friends turned into the worst night of my life..,” the victim said.
“I was woken up to the disgusting and repulsive sound of a video being recorded and a man moaning.
“I opened my eyes to find (Bavadra) standing over the top of my face masturbating while he was recording himself …
“I gave this man no right to use or degrade me in any manner, I was asleep, I did not consent …
“I recalled to (a friend) what happened … I was distraught, it was hard to speak … for months after this incident I couldn’t sleep, I had multiple showers a day to feel clean …
“I lay for hours in bed scared to close eyes because when I did all I could see was the moment I was taken advantage of …
“I felt too vulnerable and scared to be alone … I was having anxiety attacks on the daily … and it was extremely challenging to go about my day-to-day life …
“I was too afraid to sleep not knowing what was in the dark … I will live with this for my life … I will never fully be ok but I have chosen to speak up to this man to take responsibility for his disrespectful, degrading and disgusting actions.
“No one should have to experience what I did …”
The court heard Bavadra, who lived at Boisdale and later Maffra, is a Fijian national living in Australia as a permanent resident.
Bavadra, who earns $1800 per week as a plasterer, also submitted a reference from his employer.
The defence submitted Bavadra, a divorced father of two, has a problem with alcohol.
Magistrate Belinda Wallington said Bavadra’s offending was “intrusive and an offensive invasion of (the victim’s) sense of safety and autonomy”.
“It’s to your credit that you stopped drinking but let’s not get too hung up on the alcohol,” Magistrate Wallington said.
“Plenty of people get drunk … they don’t treat women in the way that you did.”
Bavadra was also convicted and ordered to perform 200 hours of unpaid community work.