By Taylah Eastwell
A Yarra Glen man who sexually assaulted his 16-year-old apprentice before asking her to help him conceal the crime from his wife has been spared jail.
Graeme Walter, 34, was sentenced to a two-year community-based order after pleading guilty in the County Court to two charges of sexual penetration of a 16 or 17 year old child under his care, supervision or authority.
Walter was arrested in March last year over the incident occurred in June 2019 at Two Buoys Tapas and Wine Bar in Dromana, where he headed the kitchen at the time.
The court heard that one night after other colleagues had left, Walter and his apprentice stayed on drinking “tequila shots” for an hour or so.
County Court judge Kevin Doyle said “the victim was feeling completely drunk” at the time.
“When the two of you were alone, you tried to kiss her but she pushed you away,” Judge Doyle said.
The court heard that the pair then walked down the back hallway to leave the restaurant but both went into the bathroom where he removed his pants and also pulled down the victim’s pants and underwear.
The pair both vomited in the bathroom after the incident.
Walters drove the girl home after the attack, telling her he “should not have done what he did because of his wife and family”. He asked the girl to wash his clothing to avoid questions from his wife, and the girl agreed.
The father-of-three, who grew up in Healesville, will be a registered sex offender for the next 15 years in a move that cuts his hospitality career short. The court heard he hopes to begin a career as a drill operator in the mining industry.
The court was read victim impact statements from the girl’s mother and father. Her father claimed his relationship with his daughter has “disintegrated” following the incident.
The girl’s mother said her daughter’s sleeping patterns had changed, her mood was lower and she had been “sobbing and hitting her head on the wall”. It was this change in the victim’s behaviour that prompted her mother to ask questions about what occurred that night.
A psychologist’s report read out in court detailed Walter’s “problems with alcohol and drugs over a number of years”, having first used alcohol and cannabis at age 16.
In handing down the sentence, Judge Doyle said he was satisfied that a period of imprisonment would weigh heavily on Walter, who had separated from his wife as a result of the incident and spends time with his children on weekends.
“You feel deep shame and anger towards yourself for the terrible decisions you have made. You say you feel guilty and sad,” Judge Doyle said.
“Your admissions and the plea have spared the witnesses from having to give evidence, most importantly the victim does not have to relive these events. I am satisfied your plea is also an indication of remorse.”
The judge took into account character references from Walter’s family and friends, his solid work history, the fact he had no prior convictions, and said he “appears to be a committed father”.
According to Judge Doyle, had Walter pleaded not guilty, he would have been sentenced to 15 months’ jail. His charges carried a maximum penalty of 10 years imprisonment.
Walter must engage in programs for mental health, drug and alcohol abuse as part of his order.
