Rajiv Hotchand guilty to sexually assaulting a uni student in Moorabbin Magistrates’ Court
A Mordialloc car salesman who inappropriately touched a uni student told a court it was “part of his culture” to kiss people on both cheeks.
South East
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A Mordialloc car salesman who sexually assaulted a uni student claims it is “part of his culture” to kiss people on both cheeks, a court has heard.
Rajiv Hotchand pleaded guilty in the Moorabbin Magistrates’ Court on December 10 to sexual assault charges relating to inappropriate touching and kissing.
Hotchand had told the court during a community corrections order assessment the assault was a mere “misunderstanding”.
In quotes read out to the court, Hotchand said “it’s normal” in his culture “to kiss on both cheeks”.
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Magistrate Robert Stary said Hotchand’s comments during his assessment “traversed his plea”.
“He either accepts all the elements of the offence or he doesn’t,” Mr Stary said.
“Unless he accepts unequivocally all the elements to the offence he’s pleaded guilty to, I’m not going to release him on a corrections order.”
Hotchand was called to give a sworn statement, where the court heard him reiterate his understanding of the plea.
The court heard Hotchand had pressed his body against the victim, smelled her hair and complimented her.
The victim told police his breathing was “irregular”, before he rubbed his hand along her back and her buttocks.
The court heard the victim made repeated attempts to pull away from Hotchand, when he lowered his hand to “grip her waist” and pulled her groin area against his.
Hotchand grabbed her face and kissed her on both cheeks and her forehead, before he attempted to kiss her on the mouth.
Mr Stary told the court the victim’s parents said the assault had a “debilitating affect” on her.
“This has required her to defer her studies for a year,” he said.
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“You’ve preyed on a young and vulnerable person … your behaviour was predatory and difficult in its detection.”
Mr Stary further slammed Hotchand, saying his offending was “opportunistic” and posed a risk to the public.
“The nature of the offending was blunt and direct,” he said.
“These are serious charges that have consequences.”
Hotchand was sentenced to a 15 month community corrections order without conviction and will be recorded on the sex offenders registry for eight years.