In the District Court docket on Tuesday, Matthew Allen Harkins pleaded responsible to a one count of indecent assault alternatively of standing trial for two counts of rape.
Bill Boucaut SC, for Harkins, explained his consumer “just needs to go home” and resume his new music profession – but insisted his confession was “not a plea of convenience”.
He explained the saxophonist’s criminal offense had occurred while intoxicated and immediately after a interval of consensual sex with his sufferer, a fellow James Morrison Academy scholar.
“He has under no circumstances disputed the act (he done), only the deficiency of consent … his situation was she was consenting,” he explained.
“But he accepts, by his plea, that he should really have been much more cautious when she indicated she no more time wanted to have sexual activity.
“He accepts, by his plea, a degree of recklessness.”
Outdoors court docket, Harkins’ sufferer explained her existence had been “disassembled” by the incident, leaving her fearful of future consequences.
“I have been frightened of talking up about these gatherings and telling my tale out of dread that my text could be turned versus me in a defamation lawsuit that I cannot afford,” she explained.
“I selected to move forward with these charges to remind myself of my inherent suitable to bodily safety as nicely as make very clear my resolve and excellent company to all those who would look for to rob me of these qualities.”
Harkins, 26, and his sufferer ended up equally finding out at the academy in Mount Gambier when he was billed in August 2018.
The incident occurred just a 12 months immediately after the celebrated academy, which is related to the College of SA, was rocked by sexual harassment statements.
Irrespective of the seriousness of the charges, Harkins’ bail – which banned him from leaving SA – was diversified in Oct past 12 months to make it possible for him to participate in together with Morrison.
He done with Morrison and the academy’s orchestra at the Jazz Lab in Brunswick, Melbourne.
On Tuesday, prosecutors acknowledged Harkins’ plea to a single count of indecent assault – which has an 8-12 months utmost expression – alternatively of rape, which carries a attainable existence sentence.
While they agreed the offence could be punished by a great-behaviour bond, and with no jail time, prosecutors explained it remained a severe criminal offense warranting a conviction.
Mr Boucaut urged the court docket not to blemish Harkins’ “hitherto exemplary character”, providing a number of references including a single from Morrison himself.
Choose Rauf Soulio remanded Harkins on continuing bail for sentencing in August.
Outdoors court docket, the sufferer explained she was relieved the situation was nearly over.
“Harkins has been compelled to replicate at some duration on how he violated my consent and my human body,” she explained.
“It is my hope that no other lady should really ever come to feel violated like this by him ever once more.”
Renown trumpeter and jazz musician James Morrison is also a pilot, and flies himself and his band to gigs all all over Australia. The Weekend Australian Evaluate flew with Morrison to a concert in Bellingen in Northern NSW in advance of a his tour with American singer Kurt Elling.