Man pleaded guilty to sexually assaulting ex-girlfriend
A MAN continued to sexually assault his former girlfriend even after she said no.
The two had been involved in an intimate relationship for about four-and-a-half years but it had ended in 2012, the District Court in Mackay was told.
However, Crown prosecutor Susan Hedge said they had remained friends and in frequent communication.
On February 12 the woman had visited the man, who cannot be named for legal reasons.
They had been text messaging about her dropping by the day before.
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She arrived about 4.30pm and it was clear to the defendant that the woman was upset about personal issues, the court was told.
The man asked for a hug and she complied. She also consented to a kiss, which she deemed to be a "friendly kiss".
However, when he tried to kiss her in a more "romantic" way, she said no.
He then touched her breasts with his hand and she said, "no, the neighbours will see".
He continued to touch her even though she said no and left his house.
He sent her a text message soon after apologising.
Judge Richard Jones said while the woman appeared to give off "mixed messages" at the start, this in no way excused his continued behaviour at her "clear messages to stop".
The 54-year-old pleaded guilty yesterday to one count of sexual assault.
When asked by police if she encouraged him at all, he said she wore "provocative tops".
Barrister Bronwyn Hartigan, for Morton Lawyers, said the man had no criminal history.
She submitted this was an aberration and he was otherwise a man of good character.
His actions were described as a "lapse of judgement on his part", she said.
"This was opportunistic rather than predatory in nature," she said.
Judge Jones said there were "some unusual factors about his case" and he accepted the man made "frank admissions" to police.
The man was jailed for four months wholly suspended for one year.