Peter Gregory
August 31, 2007 - 5:16PM the Age
A confessed sex offender who indecently assaulted his former girlfriend in a way similar to his own childhood abuse has escaped an immediate jail sentence.
The Court of Appeal today found that the man, 42, received a manifestly inadequate sentence, but it would do more harm than good to send him to jail.
The man pleaded guilty to indecent assault and aggravated burglary after climbing through the bedroom window of his ex-girlfriend's house, and having oral sex with her while she was in bed with her child.
The attack occurred in September 2005, about three weeks after the woman ended their relationship.
In the County Court, the man was given two nine-month jail sentences. One was wholly suspended, and the other served in the community through an intensive corrections order.
Justice Simon Whelan said the man suffered childhood abuse from his father and sister. Part of the abuse included his sister forcing him to perform oral sex on her when he was six or seven.
If the boy refused, the girl, who was being abused by their father, would complain about him to the father, and the boy would be given violent retribution.
Justice Whelan said the offender went through a decade of drug and alcohol abuse, and had previous convictions for drug and driving-related offences, and resisting arrest.
The man had been in a relationship with his victim, Ms X, for several years, and at one point had been entering her home, with permission, through a window. Permission was withdrawn for the window entry up to a year before the assault.
The woman said in her victim impact statement that the man had made her a "mess". She added: "I'm having really bad nightmares and can't sleep normally."
A psychologist said the man now was being treated for his previously undiagnosed bipolar disorder.
He said the man had an almost "freakishly high" intelligence, but denied serious wrongdoing, while being preoccupied with the victim's "agenda".
Justice Whelan, Justice Peter Buchanan and Justice Stephen Kaye accepted prosecution submissions that the sentence imposed was manifestly inadequate.
Justice Whelan said it was impossible to ignore the "striking" link between the man's childhood abuse and his offending.
He said the man was doing unpaid community work, attending a corrections centre for 12 hours a week and receiving treatment. The regime would be lost if he was jailed.