Kyabram man jailed after park sexual assault

The court heard Burt and the victim met up at a park about 11pm on March 15, 2019, after chatting online.

The victim, who was 19 at the time, told Burt, “(I don’t even know) if I want sex, is it cool if we hang and talk?” to which he replied, “sure”.

But when they did meet up, Burt persistently kissed and touched the victim sexually despite her repeatedly saying no and pushing him away and told her she “secretly wanted it”.

When the victim managed to push him off her, Burt told her, “don’t piss me off, I have my gun licence and a .22 at home” and that he had a shovel in his car good for digging holes.

He also told her he was a “nymphomaniac and a psychopath” before dragging her under a tree and assaulting her further.

When he was interviewed by police three days later Burt said he was heavily intoxicated and couldn’t remember what had happened.

He initially denied he had touched her at all, telling police he had “more respect for women than that”.

The case was set to go to trial in 2021 before a plea offer was made by the defence and accepted by the prosecution.

The victim broke down as she read her victim impact statement in court, saying she had wondered if Burt would kill her.

“You have destroyed my life in so many ways,” she said.

“Because of you I have lost three years of my life ... I will never forgive you for what you have done to me.”

Judge Richard Smith said the victim would undoubtedly have been entitled to believe her life was in danger at the time after Burt made “thinly veiled” threats.

Barrister Anthony Pyne told the court Burt had no prior convictions and was a productive and capable member of society who was unlikely to reoffend.

The court heard Burt was the victim of sexual abuse when he was a child and was diagnosed with post-traumatic stress disorder, drinking alcohol at dangerous levels since he was 20 as a coping mechanism.

Burt was jailed for six years, with a three-year non-parole period.