A MAN who indecently assaulted a stranger at a nudist beach has been spared jail and ordered to complete 180 hours of community service work.
Nicholas Kimutai (24) previously pleaded guilty to one charge of aggravated indecent assault at an earlier appearance.
During his sentencing hearing at Rockingham Magistrates Court on Monday, Magistrate Leanne Atkins said she considered a prison term for Kimutai but opted for an 18-month Intensive Supervision Order.
“The reason is for you to relearn what is appropriate behaviour,” she said.
“The 180 hours of community service work is so high because there needs to be recognition of how serious this is.”
The police prosecutor said the mature woman who did not know Kimutai, was naked and sunbathing at the nudist beach on April 22 when Kimutai said hello to her.
Kimutai was also naked.
She moved away but it did not deter Kimutai who followed her into the ocean when she went for a swim.
He swam near her, so she swam away and told him to ‘go away and leave me alone’.
The woman returned to shore and was sunbathing naked with a hat across her face for shade.
It was in this vulnerable state that Kimutai approached a final time and indecently assaulted her.
The court heard she screamed immediately, yelling at her attacker to leave her alone.
Kimutai was arrested in the sand dunes when police were called to the beach.
Kimutai had been studying arts, politics and international relations at Edith Cowan University in Mt Lawley.
He had hoped to be a teacher and moved from Kenya to Perth last July.
The duty lawyer said her client accepted the facts as outlined by police, adding that he previously had consensual sexual involvement on that beach with another woman.
She said Kimutai was suffering depression as his mother had died and he had been unable to get back to Kenya to be with his family.
He drank heavily the night before and believed he knew the woman.
“He was looking for support; looking for intimate behaviour to get support,” she said.
“He didn’t take into account he was being told no.
“He did stop when he realised.”
Magistrate Atkins said Kumataui did not listen to the woman.
“She said ‘no’ yet you go back and indecently assault her,” she said.
“It is not the first time you say you have engaged in that behaviour on that beach.
“You are obviously an intelligent man partway through a degree and you possibly one day want to take on teaching.
“There is a need for personal deterrence as your behaviour is not acceptable and general deterrence so the community at large can know that these are serious offences with a significant penalty.”