Sex offender says jail sentence for Illawarra crime is excessive

Rakesh Singh Rawat was jailed for one year and ten months, with a non-parole period of 11 months, in August 2023 after he pleaded guilty to sexual touching.

Rawat attacked the 20-year-old victim in March 2022 after she and her cousin went back to Rawat's friend's home following a night out in Wollongong.

While the cousin was in another room, Rawat kissed the victim on the lounge as she tried to move her face away and said, "Can you just please stop?"

Rawat used his legs to push the victim's apart and with one hand pushing down her shoulder, he used the other to pull off her underwear and his pants down before rubbing his penis against her until he ejaculated.

Rawat appealed his sentence in the Court of Criminal Appeal, arguing his sentence was excessive and District Court judge Andrew Haesler had made a mistake in finding he lacked an understanding of consent.

He said he should have been sentenced to an intensive correction order, a custodial sentence that is served in the community.

In sentencing Rawat, Judge Haesler had said he had a "considerable lack of understanding of issues related to consent".

"While it is unlikely Rawat will reoffend, because of the consequences meted upon him, a fulltime custodial sentence will reinforce those considerations and cause him to dwell upon the crime he committed," Judge Haesler said.

In his appeal, Rawat's lawyer challenged the judge's finding that he lacked understanding, which they said significantly influenced the decision that only imprisonment was appropriate.

But the Court of Criminal Appeal found the judge had not erred in making this finding, noting that the agreed facts said Rawat had "grabbed" the victim, kissed her when she did not want it, used his legs to push hers apart, and the victim had asked him to stop kissing her more than once.

Justice Nicholas Chen said Judge Haesler had also noted that Rawat's lawyers conceded he had failed to consider whether the victim was consenting, even though the risk that she wasn't "would have been obvious" if he had thought about it.

A 2023 sentencing assessment report which said Rawat maintained he thought the acts were consensual supported the judge's finding, Justice Chen said.

In arguing the sentence was excessive, Rawat's lawyer used comparisons to sentences for the former offence of indecent assault.

Justice Chen said Rawat's counsel did not explain why these other cases were comparable to his, and there was "little to be gained" by comparing the sentences because the conduct and specific findings in these other cases was different to Rawat's matter.

He said some of the cases actually reinforced Rawat's sentence, with terms of imprisonment imposed.

It was submitted that Rawat's crimes did not involve a degree of force or humiliation, nor was there an age difference.

But Justice Chen said the agreed facts outlined force was used, Judge Haesler found it was "intrusive and humiliating" for the victim, and there was an age gap of about 15 years.

He said Judge Haesler's sentencing judgment was "thorough and comprehensive".

Rawat's appeal was dismissed. He will become eligible for parole in July.