GRINDR hook-up: Lewd act while victim is passed out
A GRINDR hook-up at a Central Queensland mining camp has landed a man in court for sexual assault over a lewd act while the victim was passed out.
After the pair got frisky in James Michael Tidyman's North Goonyella room, the 28-year-old victim popped a sleeping pill and got into bed to spend the night.
Ben Jackson told Mackay District Court the two men had met on the dating app and discussed getting to know each other.
The victim met Tidyman at his North Goonyella address, west of Mackay, on October 16, 2017 and various consensual sex acts occurred.
"(Jackson) was surprised at (Tidyman's) enthusiasm," Mr Jackson said.
The court heard while they were in bed Tidyman began to masturbate himself under the reasonable belief the victim was awake.
But he turned away and then some time later turned back and ejaculated on the victim.
Tidyman accepted this was not reasonable under the circumstances.
The 51 year old pleaded guilty to sexual assault.
Defence barrister John Jacob said his client had no criminal history and a good work history.
He argued the offending had followed consensual sexual activity where his client had mistakenly thought the victim was awake.
"I'm aware that Grindr is a dating application so it's unsurprising that certainly you expected there would be sexual activity and the complainant didn't indicate that he didn't want to participate in some sexual activity on that particular night," Judge Deborah Richards said.
"I accept that you honestly thought that he was consenting or at least awake when this encounter, that's led to this charge, started.
"But nonetheless you were aware that he'd taken a sleeping pill."
Tidyman must complete 120 hours community service and a conviction was not recorded.