Tasmanian man avoids going to prison over groping attack on sleeping ex girlfriend

A 24-year-old Tasmanian man who admitted to unlawfully touching a former girlfriend who fell asleep in his bed three years ago has avoided being sent to prison.

Supreme Court of Tasmania, Hobart. Picture: Chris Kidd

A 24-year-old Tasmanian man who admitted to unlawfully touching a former girlfriend who fell asleep in his bed three years ago has avoided being sent to prison.

The man, who the Mercury has chosen not to name to protect the identity of the victim, appeared in the Supreme Court in Hobart on Friday to plead guilty to six counts of indecent assault.

The court heard the defendant had spent the day of 5 March 2022 helping the complainant move house, with the pair arriving back at his residence in the early hours of the next morning.

At about 4am, the exhausted complainant climbed into the man’s bed in a fully-clothed state before falling asleep.

The woman later told police that she had woken to the man touching her in an indecent manner, which she said he repeated multiple times over the next seven hours.

The woman told authorities that she was forced to reposition her body throughout the night to protect herself from the man’s unwanted touching, which included the removal of her clothing.

The court heard that although the woman had been shocked by the defendant’s conduct, she did not confront him about it the next day, and instead went to police after he dropped her home.

In delivering sentence, Justice Kate Cuthbertson said while she accepted the defendant was remorseful for his actions, and had saved the complainant the trauma of giving evidence at trial, he had repeated his illegal conduct on six separate occasions following the first assault.

Justice Cuthbertson said a victim impact statement described a decline in the complaint’s mental health, and ongoing difficulties meeting new people or trusting males.

Her Honour said lawful sexual activity required the presence of free agreement, which could not be given by someone who is not awake.

“In my view your offending was serious, because it involved a breach of the complainant’s trust,” Justice Cuthbertson told the defendant.

“It is not possible for a person to consent to sexual activity when they are asleep.”

The man was convicted of six counts of indecent assault, and sentenced to a three-month jail term, wholly suspended on condition he commit no crime punishable by imprisonment for 12 months.

Justice Cuthbertson also ordered the defendant to perform 75 hours of community service.

Originally published as Tasmanian man avoids going to prison over groping attack on sleeping ex girlfriend