Gavin Edward James, 27, found guilty of sexually assaulting a Rockhampton sex worker

WARNING - GRAPHIC CONTENT: A jury has delivered its verdict after hearing a Central Queensland man continued with his sexual actions after a sex worker told him to “stop”. Here’s what happened.

A Rockhampton man has been found guilty of sexually assaulting a sex worker. Generic image.

A Rockhampton man has been found guilty of sexually assaulting a sex worker after a jury heard that he continued with his sexual actions after the victim said “stop”.

Gavin Edward James, 27, pleaded not guilty in Rockhampton District Court on July 19 to a charge of rape.

Two days later, a jury found him not guilty of that charge, but guilty of an alternative charge of sexual assault.

Crown prosecutor Matthew Sutton said James had hired the victim on March 27, 2021, for sex and midway through, she said “stop”.

“During the course of that, she withdrew consent when his penis fell out,” Mr Sutton said.

Mr Sutton said James then commenced dry-humping the sex worker, and then the bed, while holding her breasts.

The court heard the victim repeatedly told James to stop.

Mr Sutton said James, who was a large man, took advantage of the vulnerable position of the victim and his larger size.

The Crown prosecutor said it was an “overly protracted” sexual assault compared to other cases, not just a single touch.

Judge Jeff Clarke said James appeared to only be interested, during the offence, of taking care of his sexual desires and not in stopping, after being repeatedly asked to stop by the victim.

“You simply used her and took advantage of the vulnerable position she was in,” Judge Clarke said.

“The way you carried on during the trial, you demonstrated no remorse or an acceptance of responsibility.

“Indeed, the way you said what you had done, that you’ve been found guilty of, in your interview was also with a sense of disregard and self-confidence.

“You provided instructions at trial to label this young lady a liar.

“Your behaviour on this occasion, quite frankly, was reprehensible.”

The court heard the sex worker, a single mother of three, had lost her rental home and her children were now living with their father while she lived in motels after the assault left her in constant fear.

Victim impact statement

Mr Sutton read out the victim’s impact statement while she was in the back of the court during sentencing:

“This incident has affected not only my mental state of mind, but also financially as it was my only source of income after separating from the father of my two younger children.”

The court heard the sex worker’s ex-partner left his job the day after they separated and she never received any child support.

“I had to solely provide financial support for myself and my three children,” the victim impact statement read.

“I’d previously worked as a sex worker and made the decision to return to the industry part-time.

“I was in a financial sinkhole and saw this as my only way out.

“And as I had never had an issue or incident in the past, I saw it as a quick way to fix the situation I was in to resume working as a sex worker.

“I was a stay at home mother and I was financially supported by my ex-partner.

“I wasn’t planning to work on the night of the attack but I decided to do that one job as I needed the money.

“Gavin was pushy in the text messages that night.

“What happened that night affected me so much I could no longer do sex work.

“I was unable to pay rent so I lost my home.”

The court heard the victim returned to live with her mother in another Queensland town and her children went to live with their father.

She now lives in motels as she has found it hard to re-enter the rental market.

Mr Sutton said the victim suffered from flashbacks and “sees his (James’) face” in her nightmares.

“I repeated the word ‘stop’ and he blatantly disregarded me,” the victim wrote in her impact statement.

“He knew exactly what he was doing, and now my life will forever be changed as he has unlocked a fear in me that will never go away.

“I am so fearful now that a client might attack me.”

Mr Sutton said the victim had added more safety measures to her existing system as a result of the assault and suffered panic attacks at least once a week.

About the offender

Defence barrister Jordan Ahlstrand said his client had quit his job as a butcher, which he had worked for eight years following his four-year apprenticeship, and moved in with his mother at Mount Morgan in March 2022 and had remained unemployed while waiting for this matter to be finalised.

He said James was supported in court by his mother and current partner.

Mr Ahlstrand said his client’s father died nine years ago and he had two sisters.

Judge Clarke sentenced James to nine months’ prison, wholly suspended, and operational for two years.

Originally published as Gavin Edward James, 27, found guilty of sexually assaulting a Rockhampton sex worker