The assault occurred in April 1991. Photo: Michelle Kroll.
CONTENT WARNING: This story refers to sexual assault.
A Victorian man who participated in the “degrading and terrifying” sexual assault of a Wagga Wagga teenager more than three decades ago will spend at least five years behind bars.
In a recent NSW District Court decision, Judge Gordon Lerve jailed the man for the assault, which occurred in the early morning of 28 April, 1991.
The then-16-year-old girl was walking home towards Wagga Wagga’s Docker Street.
Judge Lerve said the girl noticed two men walking behind her, one of whom was then-21-year-old Michael James Darmenia.
During a conversation between the three, the other man claimed both men were police officers and walked with her towards her home.
On reaching Docker Street, the other man allegedly pushed the victim to the ground.
He then allegedly punched her, causing bleeding and a cut lip. He then allegedly sexually abused her.
Darmenia then assaulted the victim.
Judge Lerve described Darmenia’s actions as “degrading and terrifying” for the victim, and falling above the mid-range of seriousness for similar offending.
The two men left the scene on foot afterwards.
The victim went to a nearby home and called for help. She was taken to hospital for medical treatment.
Police reopened the investigation in late 2021 after a DNA profile from a Victorian crime scene was tested.
According to the court decision, this was found to be a “close biological relative” to a sample taken from the victim after the assault in Wagga Wagga.
In August 2023, Darmenia, who was 53 years old, was arrested in East Melbourne and extradited to NSW.
He pleaded not guilty to both charges, with his trial being scheduled for 27 October that year.
That month, he changed his pleas to guilty.
In a court report, prepared by forensic psychologist Patrick Sheehan for sentencing, Darmenia claimed to have no memory of his offending.
“The offender said, “If I did it, I’m so sorry, I can’t remember any of it. I was using a lot of drugs and alcohol back then,” Judge Lerve said of the report’s findings.
“Due to the offender’s inability to discuss the offence, the author of the report is unable to offer any analysis or propose the mechanism for any nexus between the diagnosed condition and the offending behaviour.”
Mr Sheehan also diagnosed Darmenia with PTSD and said that, given the length of time since the offence, Darmenia should be placed near the “lowest end of the risk spectrum” for male sex offenders.
The court heard he had no criminal history in NSW, but had committed unrelated offending in Victoria.
During sentencing, Judge Lerve said Darmenia had a disadvantaged childhood, left school after Year 9 and started using alcohol and illicit substances as a teenager.
He accepted a submission from a lawyer for Darmenia calling on the court to consider the impact of full-time imprisonment on his family members.
He is his wife’s full-time carer. They married in 2024.
Judge Lerve found Darmenia had “good prospects” of rehabilitation and was unlikely to reoffend.
“In the matter presently under consideration, the offender is entitled to some consideration for his relative youth at the time of the offending, that consideration going to the length of the total sentence and the non-parole period,” he said.
During sentencing, Judge Lerve paid tribute to the victim and her composure while reading a victim impact statement.
“The victim is to be congratulated on her calm presentation and the dignity that she demonstrated while reading that statement,” he said.
“The statement sets out in detail the short and long-lasting effects of the offending on the victim.”
For two counts of aggravated sexual assault, Darmenia was convicted and sentenced to an eight-year-and-two-month sentence of imprisonment, with a five-year non-parole period.
It means he could be released in October 2030.
A further count of aggravated sexual intercourse without consent was also taken into account during sentencing.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732, Full Stop Australia on 1800 385 578 and Lifeline on 13 11 14. In an emergency, call triple zero.
Original Article published by Claire Sams on Region Riverina.
