A MAN sexually assaulted a woman as she slept, a court heard.
Jake Braggs, 26, of Sopwith Road, Eastleigh had been on a night out before the assault in the autumn of last year.
Prosecuting, Ellie Sheahan told how the woman, who cannot be named for legal reasons, woke up during the night to find Braggs touching her.
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During a police interview, he admitted to the assault.
In a statement read out in court, his victim said she struggled to understand why it had happened.
Mitigating, Jamie Gammon told the court that Braggs, who works in a bar and is now in a year-long relationship, “believed there was consent", but added: “Quite clearly there wasn’t consent.”
“It really is a case of a young man making a very poor choice.
“[Braggs is] someone with what it would appear not much idea of how to behave.”
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Mr Gammon argued that jailing Braggs would have a “devastating impact on his future”.
But Judge Christopher Parker KC, said: “She was completely unsuspecting.
“If not asleep, very drowsy.
“A gross misjudgement on your part which has led to serious consequences for her and serious consequences for you.”
Taking into consideration Braggs' “strong work ethic” and lack of previous convictions, he was handed a nine-month sentence suspended for 12 months and was ordered to carry out 25 rehabilitation activity requirement days.
He was also made subject to notification requirements for the next ten years.
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