Nurse Robert Evans jailed for raping, sexually assaulting man

A nurse has been sentenced to half a decade behind bars for his “appalling” rape of another man in a drunken incident a judge described as opportunistic.

Robert Evans arrives at Geelong court during his trial.

A judge has told a nurse convicted of raping another man that he is “more” than his actions, as he sentenced him to years behind bars.

Robert Evans, 56, appeared in the County Court via videolink from Ravenhall prison on Friday and was jailed for a maximum of five years and three months, with a non-parole period of three years and three months.

Evans, who was supported in court by his partner, ex-wife and daughter, was found guilty in December of rape by compelling sexual penetration and sexual assault, following a trial in Geelong.

In his sentencing remarks, Judge Gerard Mullaly told the court both Evans and his victim were “significantly affected by alcohol” when the rape occurred after an afternoon drinking at Evans’ home in 2022.

The victim had dozed off a couch and woke to Evans performing oral sex on him.

Evans had contended that the interaction was consensual but “plainly, the jury rejected that,” Judge Mullaly said.

He described the “considerable adverse impact” the incident had on the victim and his wife.

The victim wrote that there had been “too many moments of emotional toil to list” and described ongoing emotional pain and “deep, lasting damage on his persona”.

Judge Mullaly said Evans’ moral culpability was high; the crime was a “gross violation of the bodily integrity and autonomy” of the victim, who was intoxicated and vulnerable.

“You exploited the situation for your own drunken, sexual gratification,” Judge Mullaly told Evans.

“Your conduct was appalling and caused significant damage.”

Evans endured a “traumatic” and “dysfunctional” childhood featuring “serious neglect and cruel punishments”, Judge Mullaly told the court.

The suffering Evans’ experienced “justifiably elicits compassion”, Judge Mullaly said.

Despite his difficult childhood, Evans “nonetheless grew into an adult with many fine qualities”.

The court heard Evans established a strong work history as mechanic and then nurse.

As a nurse, Evans was “skilled and highly regarded”, Judge Mullaly said.

“Your work ethic and hard, publicly-beneficial jobs you did speaks to your underlying good character,” Judge Mullaly told Evans, noting the end to his “cherished career” was a “punishment in of itself”.

The court heard since being imprisoned, Evans’ mental health has declined significantly and had exacerbated his complex-PTSD.

Judge Mullaly accepted Evans’ time in custody had been “frightening and hard” – including a move an higher security, isolated cell with “faeces on the walls” – and would be more onerous than for other prisoners.

Evans’ was unlikely to reoffend, Judge Mullaly said, noting his lack of criminal record, work history and previous good character.

It was the role of a sentencing judge to “ascertain and synthesise” what an offender did, why they offended and who they are, Judge Mullaly said, with the latter being “complex”.

“You are much more to the man who succumbed on this drunken afternoon and sexually offended against (the victim),” Judge Mullaly said.
Evans had 63 days reckoned as time served.

Originally published as Nurse Robert Evans jailed for raping, sexually assaulting man