“I cannot accept the submission that her credibility and reliability is impugned to the extent that I should have any doubt in her version of events. Any inconsistencies in her evidence can, in my view, can be explained by her young age at the time,” Ballek said.
“I believe she has been honest at all times and has not fabricated, lied or misled in her description of what happened. I am satisfied beyond reasonable doubt that the events happened,” he said on October 17.
Now 16-years-old, the victim told the court of her ongoing trauma caused by the assault. The girl, who cannot be identified for legal reasons, said she had suffered from depression, panic attacks, self-harm and suicidal ideations over the past two-years.
“I have lost my sense of feeling safe with anything I do. It feels like I’m not in control of my life any more. I live in constant fear, anxious, and I struggle every day with the trauma of what happened,” she told the court at a sentencing hearing on November 7.
Hookens, who operates an Indian restaurant in Eltham, was sentenced to a two-year community correction order and required to pay $2331 for the victim’s counselling costs.
The 66-year-old, who was supported in court by his three adult daughters, will also be listed on the sex offender register for eight years.
For support, call Lifeline on 13 11 14.
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