Maintenance worker jailed after groping woman at work

Wednesday 02 October 2019

A sports centre maintenance employee has been jailed after touching a woman’s crotch at work without her consent.

Manuel Augusto Da Cruz (59), who will spend the next four months behind bars, was sentenced in the Magistrate’s Court yesterday after pleading guilty to the sexual offence.

Appearing for the prosecution, Legal Adviser Advocate Carla Carvalho, told Court that the incident took place at Da Cruz’s place of work earlier this year.

His victim was standing outside smoking a cigarette when, “without warning”, Da Cruz approached her and unzipped the long, waterproof jacket she was wearing, causing it to fall open.

Pictured: The case was heard in the Magistrate's Court.

Advocate Carvalho explained that Da Cruz then “placed on hand straight onto her crotch area over the top of her shorts".

“He looked down at his hand and didn’t say anything,” she added.

The Court was told that the victim recalled “being shocked and immediately backing away from him”, feeling “ashamed and disgusted by what he had done”.

The Legal Adviser also said that the woman had told Da Cruz “no” more than once. 

Advocate Heidi Heath, representing Da Cruz, described this as “an unusual case”, with the offence being of “frankly unsavoury character".

“He is acutely aware of the shame and stress he has brought to his family… He is also very sorry and ashamed of the distress he brought to the victim. In his own words to me this morning, he’s very sorry and regrets every bit of it."

Pictured: Da Cruz was jailed for four months and placed on the Sex Offenders' Register for a minimum of five years.

Given that her client had never offended before, and that he entered a ‘guilty’ plea to the charge, Advocate Heath invited Relief Magistrate David Le Cornu, presiding, to impose a non-custodial sentence.

She also emphasised that the Probation Service have assessed Da Cruz as being at “low risk of reconviction”.

But, addressing Da Cruz directly, the Relief Magistrate said: “This is a very serious offence and the Court has no alternative but to consider a custodial sentence. 

“I take into account your age and your guilty plea and, it appears, your remorse, but I also have to consider the position of the victim.”

Relief Magistrate Le Cornu speculated that this would have been “very distressing” for the woman concerned and then informed Da Cruz that he would spend four months behind bars for the offence.

Da Cruz was also placed on the Sex Offenders’ Register for a minimum period of five years.