Bunbury teen to pay victim $3000 after swag grope

A young Bunbury man has been spared a recorded conviction despite indecently assaulting an acquaintance who had “hooked up” with his friend. The 18-year-old, who the South Western Times has chosen not to name, was ordered to pay $3000 to the young woman he indecently assaulted after a night out on the town with friends following an appearance in Bunbury Magistrate’s Court on Thursday. The court was told the man was on a night out and drinking with friends in Bunbury in June last year when they left and met the victim and her friends to go to a house party together. After attending the party and initially going their separate ways after getting fast food, the victim, also 18 at the time, sent messages to the man via Snapchat asking if she and her friend could stay over at his place. He said yes but “only if I can plug you”. Despite the victim saying no to his request, she and her friend walked to his house where they were accompanied by the man and one of his friends. When the man’s friend asked to go to the bathroom after “hooking up” with the victim in in the man’s bedroom, he showed his friend to the bathroom. The man then went to where the victim was lying and touched her on the hip and bottom. The court was told while the victim was lying on her side thinking it was the young man’s friend touching her, she asked him to stop but when the touching continued she turned around and realised it was the man. Police prosecutor Sgt Darren Grigson told the court the victim shouted “what the f...” at the man and later left the house with her friend, who she later told about the incident before it was eventually reported to police. It was also submitted the victim had a further conversation with the man via Snapchat expressing disgust at him for his actions and he apologised before participating in a police interview in the days after the incident. The matter was initially listed as a District Court trial for a sexual assault charge but was later amended to indecent assault upon further investigation and negotiations. The man then pleaded guilty. In submissions, the man’s lawyer Michael Devlin said his client’s inhibitions that night were “very much relaxed” and he had since cut down on his drinking. In sentencing, Magistrate Belinda Coleman told the man she hoped he had learnt a very valuable lesson about consent and found given his young age and the long court proceedings, he would be unlikely to commit such an offence again. “Unless a proposed partner is verbally giving consent or physically showing they are consenting, you should never lay hands on a proposed partner,” she said.