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34-year-old Melbourne Chef Graeme Walter has sexually penetrated a 16-year-old girl before giving her his clothes to wash away in order to keep the incident discreet from his wife.

In June 2019, Graeme at the time was working as a chef at the Mornington Peninsula restaurant when on one night after having some drinks with a 16-year-old girl, attempted to kiss her.

On her account, to avoid it, the teenager suggested to leave the restaurant. While the pair were on their way out, they entered a bathroom where he took her and his own pants down before sexually penetrating her in the bathroom.

Following this, both vomited before he took her to her home and told the teenager that because he has a wife and family he regrets what he did.

Before the girl left to go home, he handed her his jumper to wash so that his wife won’t find out. The girl took his jumper, but when her family noticed something unusual about her, her family raised their concerns. In response, the girl told them that she prefer not to tell them out of fear of ruining someone’s life.

 

The Arrest

When Graeme was arrested in March of 2020, he made admissions to attempting to have sex with her, but that he was unable to get an erection.

He was charged for sexually penetrating her without consent in circumstances the teenager had pushed him away to express her refusal.

He pleaded guilty to two counts of the charges of sexual intercourse without consent.

The incident has since resulted in the girl suffering nightmares and depression.

Graeme has since separated from his wife, and moved in with his parents as a result of the incident. He has since ceased working as a chef.

 

The Sentence

“You’ve missed going to jail by a silver in this case. If you don’t do this order I won’t hesitate in ordering imprisonment” said Judge Doyle last Thursday.

“You persisted after she pushed you away”, he said.

While he had alcohol and drug problems, the Judge found that he has good prospects of rehabilitation.

His Honour sentenced him, without going to jail to undergo drug, alcohol and mental health treatment and 180 hours of community service work.

In NSW, non-consensual sexual intercourse carries a maximum of 14-years imprisonment, with a 7-years standard non-parole period. Some of the defences to it include reasonable grounds defence or presence of consent.

Have a question on this topic? Call our friendly criminal lawyers Newcastle branch.

Published on 16/01/2021

AUTHOR Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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