An Adelaide man charged with the attempted rape of a 13-year-old schoolgirl will spend seven years in a mental health facility.
Key points:
- Anthony Stengewis attacked the girl at a Gilberton bus station in February last year
- Mr Stengewis was previously found not guilty by way of mental incompetence
- He has been sentenced to seven years’ detention at a mental health facility
Anthony James Stengewis, 52, attacked the teenage girl at a Gilberton bus station in February last year, but was found not guilty by way of mental incompetence in May 2023.
Judge Geraldine Davison previously told the court that despite Mr Stengewis being mentally unfit to stand trial, she was satisfied beyond reasonable doubt that he had committed the acts alleged by the prosecution.
In the District Court today, Judge Davison sentenced Mr Stengewis to seven years detention, and said he will have to apply to be released once that time is served.
“I must impose a limiting term that would have been imposed if he [Stengewis] was found guilty of the relevant offences but without taking into account his mental impairment,” Judge Davison said.
“It is clear from the nature of the offending and the victim impact statement, that Mr Stengewis’ conduct has had a significant impact on her [the victim].
“The offending occurred at a time when she was particularly vulnerable — when no one else was around the help her.”
Judge Davison also told the court Mr Stengewis had a prior criminal history and was charged with another attempted rape in 1990.
The court heard Mr Stengewis approached the 13-year-old and asked if she had a boyfriend, before he tried to physically pick her up and push her into a bush.
The 13-year-old was crying and shouted “stop” and “help”.
“The male didn’t stop and there was no-one else around,” prosecutor Darin Clearwater previously told the court.
“The victim started kicking the male to the stomach and groin area.”
The court heard the victim was on the phone to her sister during the assault, who was then able to give a detailed description of the offender.
Mr Stengewis lived in a boarding house in Medindie, about a two-to-three-minute walk away from the crime scene.
He previously attempted to talk throughout his limiting term submissions and tried to dismiss his defence lawyer, but today remained silent as his sentence was handed down.
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