By Shelley Hadfield
March 29, 2008 12:00am
AN AGED-care worker who raped an 85-year-old woman will spend just six months behind bars, sparking outrage.
Henry Alexander, 36, was jailed for three years yesterday, but a judge suspended 2 1/2 years of the sentence.
Judge Michael Bourke conceded the sentence fell short of what would ordinarily be required, but said he'd taken into account the unusual circumstances of the case.
And there was powerful character evidence from Alexander's colleagues and supervisors that he was caring, gentle and compassionate.
"I have come to the view it would be unjust not to reflect such matters by a significantly reduced sentence," Judge Bourke said.
But critics said the term was grossly inadequate and unjust.
Alexander, of Mt Martha, was convicted of digitally raping the woman while washing her at a Mt Eliza nursing home where he worked as a personal care attendant.
He'd pleaded not guilty to the November 2005 offence. The victim didn't testify.
Alexander was initially charged with sexually assaulting four elderly women, who all suffered severe dementia.
Alexander's lawyer told the County Court the crime was a momentary lapse.
Judge Bourke said there was no evidence of a psycho-sexual disorder, and he was satisfied Alexander had not been sexually motivated. His motive remained inexplicable.
He said Alexander had no prior convictions and was unlikely to re-offend.
Abridged
SOURCE: heraldsun
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Take note: Just get your lawyer to claim you had , "... a momentary lapse..." plus strong character reference. This will get you off a harsher sentence.
Is this the message?
- Victim(s) did not testify -- Probably dead by now!
- The judge was satisfied that Alexander was "..unlikely to re-offend". Sure, he is banned from working with the elderly. (What comfort for family members of those abused women!)
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