A man who sexually assaulted a Benalla woman in her own bed has been sentenced in court.
Drew Davidson, 31, of Benalla, pleaded guilty in the Shepparton County Court to sexual assault.
The court heard Davidson sexually assaulted a woman in her home on September 20, 2020, after going there with the woman’s boyfriend.
The woman, her boyfriend, and Davidson went to the woman’s bedroom to watch a movie.
The woman later told Davidson to sleep on the couch, but he later returned to the bedroom and lay on the bed with the woman and her boyfriend.
As the woman tried to sleep, Davidson reached over her boyfriend who was sleeping in the middle, and kept touching the woman’s waist and arms but she shrugged him off.
Between 9am and 9.30am, Davidson sexually assaulted the woman, who was now laying in the middle of the bed.
In shock, the woman rolled away and woke her boyfriend.
Unable to tell her boyfriend what happened, the woman told her housemate who, in turn, told the woman’s boyfriend and told him to take Davidson home.
The court heard that on the drive home, Davidson kept asking the woman’s boyfriend what had happened and when he was told, he was shocked and cried.
The court was told that in a call by the woman to Davidson in July 2021, he maintained that he did not assault her, but at the end of the call said he was sorry for what he did and wouldn’t do it again.
When Davidson was interviewed by police, he told them he drank 12 beers, a few vodka cruisers and taken an MDMA tablet the night before the incident.
He also told police he “didn’t think he had done it” and that he “woke in the morning when he was being told to leave”.
Davidson said the woman had also told him not to tell anyone, but he had already told his partner.
In sentencing Davidson, Judge Peter Rozen said while the defence said the sexual assault was “low- to mid-range” in seriousness when compared to similar offences as it was opportunistic, involved no planning, as well as no weapons, no taking of photos and did not drug her, he accepted the prosecution’s stance that it was “mid-range”.
“It is relevant that she let you into her home where she is entitled to feel safe,” Judge Rozen said.
The judge referred to the “profound and traumatic impact” the offending had on the victim’s life.
Judge Rozen also noted a reference from Davidson’s wife that said he had realised drinking alcohol played a big part in his behaviour and that he had “changed his drinking habits” in the past four years.
Judge Rozen also spoke about a clinical neuropsychologist’s report that said Davidson was in the bottom 10 per cent of the population for intellect.
The judge found Davidson had no prior or subsequent criminal history and was “not likely to re-offend”.
Davidson was sentenced to a two-year community corrections order, with 200 hours of community work.
Under the order, he will have to have treatment for mental health, drugs and alcohol issues, as well as take part in programs to reduce re-offending.
Judge Rozen ruled that up to 60 hours of time spent in treatment and rehabilitation programs could count as community work hours.
The judge said that the thing that tipped the balance away from a jail sentence was that Davidson had indicated he was prepared to plead guilty to the sexual assault charge in 2022, which allowed him a reduction in sentence because it was when the court system was still in COVID-19 times.
“The court must not imprison an offender if the sentence imposed can’t be achieved by a non-custodial sentence,” Judge Rozen said.
“The principal advantage of a community corrections order is the court can tailor other conditions.”