‘I remember his smirk’: Painter walks free after sex assault
"I REMEMBER his smirk," a traumatised social worker has told a Cairns court, of the man who sexually assaulted her on a dance floor.
The woman, who cannot be named for legal reasons, was violated by painter Alexander David Bailey at the Woolshed nightclub in September last year.
"I remember ... the smell of his breath, the smell of alcohol," she told the court yesterday.
Bailey, 30, of Townsville, pleaded guilty to sexual assault once prosecutors had agreed to drop the charge from attempted rape.
Incredibly, he avoided any custody or even a suspended sentence and walked from court under the milder cloud of probation.
The court heard he forced himself against the woman while the pair danced on one of the club's signature tables.
Jodie Crane, prosecuting, told the court the woman resisted and repeatedly told Bailey to stop.
"He tried to kiss her," she said.
"(The complainant said) No woman wants this.
"(He replied) You know you want this; his reaction was to laugh at her."
The woman braved the court to face Bailey.
"It was supposed to be a fun night out - instead it was a life-changing night," the woman said.
Trembling with emotion and occasionally succumbing to the nervous tic brought on by Bailey's foul ambush, she told the court she suffered Bipolar Affective Disorder since the sexual assault.
"Whenever I see someone with a high visibility shirt, that haircut, or hear the same music, it breaks me," she said.
"He did not lose his job, friends or family, he has lost nothing, while I have lost everything.
"I have lost myself and will never get her back."
Brydie Bilic, defending, told the court her client, a US born citizen of the UK, was "embarrassed by his behaviour."
"He understands and took responsibility from an early stage."
Judge Dean Morzone said Bailey's actions were "arrogant, demeaning and disrespectful."
"She is now haunted," Judge Morzone said.
"This behaviour has gone on for too long and is now something that society is now more aware of; it is a mark of profound disrespect."
Yet he spared Bailey prison, determining that nine months of probation would give him "a level of understanding" of the impact of his crime.
He also ordered Bailey pay $1000 in compensation.