A man avoided prison time when he was sentenced for repeatedly indecently assaulting his female neighbour. Photo: Michelle Kroll.
CONTENT WARNING: This article refers to sexual abuse.
While recovering at home from her time in hospital, a single mother was twice violated by her neighbour in two sexually motivated assaults.
Her neighbour, aged in his 50s and not named to protect her identity, lived with his wife and initially appeared helpful by bringing her food in 2024, the ACT Magistrates Courts heard.
But one evening, he took brownies to the home she shared with her children in Canberra and encouraged her to sit next to him on the couch.
He told her he cared for her and her family, then put his hand underneath her shirt onto her back, as well as her neck and shoulders, and commented on her breasts.
She was uncomfortable and told him she had to take a shower.
The court heard how one week later, the woman was reading a book in her backyard when the man let himself in. He approached her, put his hand between her thighs and commented about her body.
“I’m not that type of girl,” she told him.
“It’s not about sex,” he replied.
The man originally fought his charges before pleading guilty to committing acts of indecency without consent while the woman was giving evidence during his hearing in the Magistrates Court.
During his sentencing on Thursday (27 November), the woman provided a statement saying she had been in a highly vulnerable state, physically and emotionally, at the time, as she’d recently been discharged from hospital.
“I felt unsafe in my own home, and my ability to recover from illness was severely compromised,” she said.
Before the assaults, she enjoyed gardening and spending time outdoors, but said “the fear and threat imposed by the offender rendered these activities unsafe”.
Also, while she had already considered moving homes, the assaults pushed her to relocate before she was ready for the safety of both her and her children. After they moved, she continued to experience fear and anxiety, especially with neighbours.
“This is heartbreaking as I’ve always had a strong sense of and connection to the community,” she said.
The man’s barrister, Christina Muthurajah, said her client felt close to the woman and crossed personal boundaries when engaging in this behaviour.
She argued the offending was not sexually motivated, but said he accepted it was indecent and unwelcome.
The court heard he and his family fled war in his home country over a decade ago, then had a traumatic experience in immigration detention overseas before they were granted humanitarian visas in Australia.
He met the criteria for post-traumatic stress disorder, and he also claimed his actions during his offences would have been considered “normal” in his culture.
Prosecutor Nathan Deakes argued the man’s motivation was plainly for sexual gratification as there was no other reason why he would have touched the woman or made the comments he did.
Magistrate Alexandra Burt agreed, saying, “This is an instance of sexual violence”.
The man was sentenced to a two-year good behaviour order with 100 hours of community service. He must also be supervised by authorities for six months and participate in programs to reduce his risk of sexual reoffending and receive trauma counselling.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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