‘Appalling:’ Man sexually assaults woman as she sleeps

A man who was invited into a home crept into a victim's bedroom as she slept next to her partner and sexually assaulted her, a court heard.

David Andrew Byrnes, 52, pleaded guilty to Maroochydore Magistrates to five charges, including sexual assault and breaching bail on Friday.

Police prosecutor Stephen Potter told the court Byrnes was invited to stay the night at the victim and her partner's home.

The court heard that while the couple slept, Byrnes crept into their bedroom in the early hours of the morning and rubbed the woman's vagina.

"In regards to the sexual assault, that charge involved breach of trust," Sergeant Potter said.

"The defendant was invited to spend the night with the victim and her partner and it was during the early hours of the morning when the defendant sexually assaulted the victim as she slept vulnerably.

"She was not in a position to defend herself."

Sgt Potter told the court that Byrnes attended court on March 4 for the sexual assault charge and afterwards contacted the victim by phone.

"When spoken to by police, (Byrnes) indicated that the victim's partner and him could sort it out like real men - a punch up," he said.

The court heard the victim's impact statement.

"I had been asleep for about two hours when I felt a tickling sensation on my vagina," it said.

"I didn't know if it was inside my pyjama shorts or underwear but it felt like a very deliberate rubbing over my clitoris area as if to try and arouse me."

The victim said she woke up startled and immediately recognised Byrnes sitting on the floor.

"I just stood there frozen with disbelief and shock," the court heard.

"I felt disgusted, dirty, violated and incredibly angry.

"I've never had any form of sexual contact or even slightly encouraged any relationship besides purely platonic as he creeps me out and I find him disgusting."

The court heard Byrnes left after the assault, as the victim stood there shaking and crying.

Byrnes' solicitor Natashia Blank said it was out of character for him.

"He is incredibly remorseful that he has found himself in a situation where he has taken advantage of a vulnerable person," he said.

"It was committed whilst he was under the influence.

"It was a stupid mistake that he's incredibly remorseful for."

Magistrate Maxine Baldwin said it was totally inappropriate that Byrnes crept into a woman's bedroom while she slept and attempted to arouse her.

"It's appalling behaviour and no woman or indeed any man has to be subjected to sexual advances that they are neither aware of or want," she said.

"You obviously have a problem with drinking."

Ms Baldwin sentenced him to six months' jail, wholly suspended for two years.

Byrnes was also placed on probation for one year to help with his alcohol problems.


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