Man who molested teenager avoids jail

The 41-year-old was sentenced to a suspended jail term in the ACT Supreme Court on Thursday over the August 2011 assault.

The court heard the 19-year-old victim had since dropped out of university, lost friends, and felt isolated as a result of the crime.

The offender had originally pleaded not guilty to a charge of sexual intercourse without consent. But midway through his trial in March he switched his plea to guilty to a lesser charge of committing an act of indecency without consent.

The offender’s barrister Alyn Doig did not offer jurors a defence.

The court heard the man and young woman were among of group of people involved in a community organisation who had gone to an Ainslie home after a night of partying.

The group continued to drink until about 3am before deciding on sleeping arrangements. The pair were asked to share a double fold-out futon as a bed.

The man wore tracksuit pants and no shirt, but the woman remained fully dressed.

The victim said the offender then put his hand underneath her bra and in her pants.

She pushed his hand away and fled the house through the bathroom window.

A pre-sentence report said the offender had been unable to accept full responsibility for the crime.

The report’s author said the man claimed to have no recollection of the crime because he had been drunk.

The court also heard the man had no criminal history.

Justice Hilary Penfold found the man had abused his position of power and authority over the victim. She said in moving the pillow that the young woman had placed between the pair the defendant has signalled his intention to offend.

Justice Penfold gave the man a 19-month jail sentence, to be fully suspended upon entering a two-year good-behaviour order with a $2000 security.

The judge also ordered the man perform 200 hours' community service over the next two years.