Doctor sentenced for drunk assault of woman

An anaesthetist who kissed a drunk woman and touched her breasts after she partially passed out in a Brisbane nightclub has been sentenced to probation and community service.

Witnesses said the woman was so intoxicated after midnight at Cloudland nightclub in Fortitude Valley on December 15, 2019, that she could not walk unassisted.

She appeared to look "out of it" or "wasted" when Elliott sexually assaulted her, kissing her, touching her breasts and putting his hand under her skirt, the court heard.

Kevin Charles Elliott, 50, pleaded guilty in Brisbane Magistrates Court to indecent assault and was sentenced to two years' probation and 100 hours' community service.

No conviction was recorded.

Magistrate Trevor Kennedy said it was a serious matter.

"It's serious because members of the community should be able to have an absolute sense of personal safety at all times, 24 hours a day, and at all places," Mr Kennedy said.

He said the woman had been very vulnerable.

Mr Kennedy said after consuming her first drink the woman began feeling dizzy and later said she had no further recollection of the evening.

Elliott, a married father of four, had met the woman at the nightclub and they spent hours together, from 9pm, the court heard.

Mr Kennedy said witnesses said after midnight the woman was noticeably intoxicated and was unable to walk unassisted.

Defence barrister Angus Edwards said Elliott was also intoxicated, but he believed he had the woman's consent to touch her in the way he did.

"He was drunk and he didn't realise she had passed out and he continued kissing and touching her," Mr Edwards said.

Mr Edwards said there had been some flirtatious activity earlier between Elliott and the woman, and she had led him upstairs by the hand.

Crown prosecutor David Nardone said the "brazen" sexual assault in a public place had a negative physical, emotional and financial impact on the woman.

She had felt helpless at the time, and later felt unsafe in Brisbane and lacked trust in people.

The court heard Elliott, a doctor since 1994 and a specialist anaesthetist since 2004, has not worked for over a year.

He had suffered from major depression since the death of his infant son in 2010.

A psychiatrist said Elliott's mental health symptoms and judgment would have been affected on the night of the sexual assault.

He had been in a state of turmoil that evening, when he went out and "decided to drown himself in alcohol on a last hurrah'', the psychiatrist said.

But Mr Kennedy said the doctor's intoxication was no excuse.

He said Elliott had previously been of good character and was remorseful, writing a letter of apology to the victim, accepting that his offending contributed to her condition.

Sentencing Elliott on Monday, Mr Kennedy ordered that he submit to medical or psychiatric while on probation.

Originally published as No excuse: Doc sentenced for drunk assault of 'wasted' woman


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