Luis Jesus Rosales Rosales: Mildura party guest unzipped sleeping woman’s pants

A backpacker who sexually assaulted a sleeping woman and told cops, “if you behave like a slut, I’m going to treat you like a slut”, has been jailed.

Rosales has been jailed for four months.

A backpacker attending a Mildura house party sexually assaulted another partygoer who had gone to sleep in one of the bedrooms.

Working holiday visa holder Luis Jesus Rosales Rosales, 27, was contesting a sexual assault charge at Mildura Magistrates’ Court on Monday.

Rosales Rosales, an Italian national born in Venezuela, was charged with intentionally sexually touching a woman without her consent in circumstances where he did not reasonably believe there was consent.

The incident took place at a Mildura house.

Police said the victim avoided dancing with Rosales Rosales because she was not interested in him.

The victim and another woman were both tired and went to bed in one of the rooms, shutting the door behind them.

Others, including Rosales Rosales, continued partying in the lounge room.

Rosales Rosales later entered the room the two women were in while they were sleeping, laying on the carpet next to the bed.

He began touching the victim’s bra and her back, then unbuttoned and unzipped her jeans.

The victim woke, noticed a shadow over the bed and began waking the other woman, telling her someone was in the room.

After a light was turned on, Rosales Rosales was on the floor pretending to sleep.

In a police interview played to the court, Rosales Rosales told police through a translator he had consent because of “the way the evening went”.

He claimed to have entered that room because he needed somewhere to sleep and believed there were people having sex in one of the other rooms and the lounge room.

Rosales Rosales claimed if his victim had an issue with what was happening, she would have told him to stop or there would have been a reaction.

He said he stopped after the unzipping of the jeans because he didn’t have the “go-ahead” to continue.

In a police interview, heard in court, Rosales Rosales was translated saying that between certain hours, “if you behave like a nun, I’m going to treat you like a nun, but if you behave like a slut, I’m going to treat you like a slut”.

His defence argued Rosales Rosales did reasonably believe there had been consent.

The police prosecutor said the victim had not spoken to him in a sexual manner and he had only given vague statements as to why there had been consent.

Magistrate Michael Coghlan found the charge proven.

Mr Coghlan said the victim gave Rosales Rosales no indication at any time that she had any interest in engaging in sexual activity.

Mr Coghlan in cases of intoxication, he had to take into account whether a reasonable person would believe there was consent in that situation.

“I think it beggars belief to think, in my view, that any reasonable person could have that as an explanation or belief,” he said.

Mr Coghlan also noted the victim was asleep at the time the assault started.

He said the victim was fully clothed, under two blankets with the bedroom door closed and thought she was safe.

Rosales Rosales on Tuesday was convicted and sentenced to four months’ jail.