Oliver Jack Carberry, 30, pleaded guilty on Wednesday to sexual assault in Gladstone District Court
*CONTENT WARNING* A man sent a young woman a shocking text after a sexual assault which hospitalised her after she suffered a seizure. Read more here:
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A Gladstone man sexually assaulted a young woman before texting her well wishes after she was put into hospital by the attack, a court has heard.
Oliver Jack Carberry was grilled by a District Court judge, who described how he was opportunistic and “pushed his luck” on the night of February 15, 2021.
Carberry, 30, pleaded guilty before Judge Craig Chowdhury on Wednesday in Gladstone District Court to sexual assault.
Crown Prosecutor Tiffany Lawrence told the court how the victim had visited a unit complex where Carberry resided.
“During her time there she came to be in the defendant’s presence, where he asked her sexual questions like what type of porn she watched,” she said.
“He also told her he fantasised about her walking around naked and the manner of her pubic hair.
“He ultimately sat down in front of her on the floor, placed a hand on her leg and, despite the victim’s persistent rejections of his advances, he then sexually assaulted her by digital penetration.
“The defendant stood up, again told the defendant it was wrong and that she had to go, the defendant pleaded with her to stay, she refused.”
Later, in her partner’s presence, a court heard the victim became nauseous and succumbed to a seizure.
While at the hospital receiving treatment she got several text messages from Carberry, one which read “I hope you are okay, again I’m so sorry but at the same time I’m not.”
After the complainant lodged a police complaint, Carberry was interviewed and made admissions to sharing a kiss with the complainant, however, denied touching her inappropriately.
Carberry’s defence barrister Scott Moon said the incident stemmed from alcohol.
“My client’s view is that the offending should never have happened in the first place,” he said.
“My client is remorseful, he has identified the error of his ways and subsequently cut down on his alcohol consumption and there will be no repeat.”
Judge Chowdhury said Carberry’s offending was a serious breach of trust.
“You were in a position of an older man, you should have been someone she could have looked up to and been a role model for her but you took advantage of the situation,” he said.
“Having this girl at your mercy, you just pushed your luck and it was done, she made it quite clear she didn’t want any physical contact with you.”
Judge Chowdhury convicted and sentenced Carberry to eight months imprisonment, which was wholly suspended for 12 months. A conviction was recorded.
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Originally published as Oliver Jack Carberry, 30, pleaded guilty on Wednesday to sexual assault in Gladstone District Court