By Brendan Rees
A 51-year-old man who sexually assaulted a girl in Narre Warren has avoided jail.
John Lewis was sentenced to the County Court on 5 June to a two-year community corrections order after pleading guilty to sexual assault of a child under the age of 16.
In his sentencing remarks, Judge Trevor Wraight said the “serious offending” occurred on 4 April, 2018.
The court was told the victim was lying at the end of a couch when Lewis put his hand down the back of her underwear and “rubbed the bare skin of her buttocks”.
The victim and her father reported the incident to Dandenong Police three days later – and handed officers a pair of her underwear, which was unwashed and worn by the victim at the time of the offence.
“An analysis of the victim’s underwear resulted in your DNA being located on the inside of the underwear,” Judge Wraight said.
Just over two weeks following the incident, Lewis, who suffers from obesity and type 2 diabetes, was arrested by police and interviewed at his home due to ill-health, however, he denied any wrongdoing, saying he was “very careful” where he put his hand, the court was told.
Judge Wraight said he took into account that the offence was “opportunistic” and of “short duration”.
“While your offending does not represent the most serious example of an offence that may be captured by this charge, it is still in all the circumstances by its nature serious offending,” Judge Wraight said.
“I accept that given your complex physical health issues and your mental health concerns imprisonment will be more onerous for you and that your mental health is at risk of further deterioration.”
The court heard Lewis was raised in country Victoria but when his mother died at 24 when he was aged seven – his family life from that point was “dysfunctional” which contributed to substance abuse, health concerns and exposure to family violence.He had worked various jobs including debt collecting, cooking, and manual labour. However, his last full time job was more than 10 years ago.
