Man sexually assaults woman while she is drunk, asleep
A fun night out with friends turned into any woman's worst nightmare when a man sexually assaulted her while she was trying to sleep.
On August 2, 2019, the woman, 26, was at a pub with her husband and a friend.
The trio were drinking until about 9.30pm when the husband wanted to go home and the woman stayed out with her friend.
The friend was talking to a stranger which is how the woman first met Cody John Lisle, then 23.
Somehow all four ended up at the friend's nearby unit.
The woman fell asleep on the couch in her drunken state before waking to something happening.
Lisle was lying on top of her, hands on her neck, and rubbing his body against her.
He was in his underwear and she was clothed.
The woman told him to stop, which he did, and the next thing she remembered was waking up the next morning.
The agreed facts of that night came to light in Gladstone District Court on Tuesday where Lisle, now 25, pleaded guilty to one count of sexual assault.
The matter had previously been listed for trial for a more serious charge however that was discontinued.
Crown Prosecutor Kate Millbourne told the court at the time of the offence, Lisle was on bail for seriously assaulting a police officer, for which he was later sentenced to 12 months imprisonment with immediate parole.
Ms Millbourne said it was accepted that Lisle had stopped the assault when he was told to and the sexual contact did not reach the point of penetration.
She told the court the victim had outlined the offence had impacted her marriage, friendships and finances.
"This offending is a sexual assault committed on a female who was in a vulnerable state of being intoxicated at the time," Ms Millbourne said.
"She was in no state to be consenting and was not consenting to that sexual activity.
"She has clearly felt violated as a result and the impact on her has been profound."
Anyone seeking help or guidance in relation to a sexual assault should contact the following:
13 HEALTH: 13 43 25 84
Statewide Sexual Assault Helpline: 1800 010 120
1800 RESPECT: 1800 737 732
DVConnect: 1800 811 811
Gladstone Women's Health Centre: (07) 4979 1456
Defence barrister Simone Bain told the court her client had been diagnosed with a number of mental illnesses in 2016 including bulimia, generalised anxiety disorder and obsessive compulsive disorder.
She said at the time of the serious assault he had been taking prescription medication and mixed it with excessive amounts of alcohol.
She said this led to him going off his medication and becoming intoxicated on the night of the offence in question.
She said since this offence, Lisle had gained employment as a refrigeration mechanic in a mine at Emerald.
She said he had been compliant with parole and had previously successfully completed a probation period.
She asked the court to consider the fact Lisle had immediate desisted when asked and there was no force or violence in this offence.
"It arouse out of he was mistaken with respect to them both being very intoxicated," Ms Bain said.
"His view was she was consenting."
Ms Bain also asked the court to consider her client had "carried the burden" of having these charges over his head for 18 months.
However Judge Craig Chowdhury pointed out court proceedings were stressful on both the complainant and the defendant.
"This type of offence happens far too frequently," Judge Chowdhury said.
"A woman is entitled to feel safe.
"The fact she was asleep on a couch she was particularly vulnerable."
Judge Chowdhury said men needed to be able to control themselves while they were drunk, especially in light of allegations of misbehaviour within Parliament House.
"There's a need for real education and for people to be aware you do not attempt to engage anyone in a sexual nature unless it's with their full awareness and with their full consent," he said.
Judge Chowdhury told Lisle to "count himself lucky" as he handed down a sentence with no actual jail time.
Lisle was sentenced to 12 months' imprisonment, wholly suspended for two years, with words of advice.
"You can't get yourself drunk like you were this night," the judge said.
"It's a good idea just to give up the grog.
There's plenty of excellent non-alcoholic beers … you should try one of those."
A conviction was recorded.