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ACT News

Man 'continued assault despite pleas to stop'

December 5, 2011

A former hairdresser who sexually molested a 14-year-old girl at a Woden cinema continued the assault despite her pleas for him to stop, a court has heard.

Kimrae Fortaleza, 22, met the young girl at the Phillip pool in January last year and took the girl to see the special effects movie Avatar.

Halfway through the film he began touching and kissing her before forcing his hand up her skirt, resisting her attempts to pull his hand away.

The ACT Supreme Court heard yesterday the girl told Fortaleza he was hurting her and begged him to stop, saying she was 14 while he was 21 and had a girlfriend.

But Fortaleza simply replied, ''I lied,'' and told the girl she would ''get used'' to the pain of the assault.

Fortaleza is being sentenced after pleading guilty to one count of sexual intercourse with a child aged between 10 and 16.

He is already serving a prison term for sexually molesting two other girls, forming ''romantic relationships'' with them when they were aged just 13 and 14.

He was already on bail for those offences when he molested the girl at Woden cinemas.

Fortaleza's barrister Amanda Tonkin said her client was a naive, immature and unsophisticated young man who felt more comfortable with younger girls rather than women his own age, who were interested in nightclubs and partying. Ms Tonkin said Fortaleza did not recall the victim asking him to stop and did not realise she was unhappy with his sexual advances.

''He is a man who really has blurred sexual boundaries and ... there is an absence of the sort of circumstances you might find where the complainant is encouraged to drink alcohol, to take drugs, is threatened, abused and the like,'' she said.

''Mr Fortaleza simply took advantage of the complainant.''

But Crown prosecutor Kylie Weston-Scheuber argued that the gravity of the crime was increased because the victim was not consenting to the assault in any way.

She said the suggestion Fortaleza was naive was not borne out by the facts and it would have been clear to him from the previous sex charges that sexual activity with young girls was a serious offence.

Justice Hilary Penfold will hand down her sentence in February.