Convicted Adelaide masseur Xingan Zhang asks to be spared jail to avoid deportation
A Chinese masseur convicted of indecently assaulting two of his female clients has asked an Adelaide Magistrate not to jail him, because he could face deportation.
Xingan Zhang, 45, was found guilty of seven counts of indecent assault, committed on two separate days in January 2013, against two women customers at a massage business at Oaklands Park.
He appealed against his conviction and won a retrial, but was then found guilty by a second magistrate.
Prosecutor Sergeant Peter Evans told the Adelaide Magistrates Court Zhang's offending was "predatory", "sleazy" and involved breaching the trust of women in a vulnerable position.
"The defendant is an experienced masseur. He was employed in a position of trust and clearly knew the difference between a muscle massage ... and a sexual massage," Sergeant Evans said.
"This offending has had a profound impact on both victims who should have been able to relax and enjoy their massage.
"Instead he took advantage of his position of trust, whilst they were in a vulnerable position."
Sergeant Evans said Zhang faced up to eight years in prison for each offence, and there was no good reason to consider suspending the inevitable term of imprisonment.
"Any other sentence would be inappropriate given the seriousness of the offending," he said.
Offending was 'brazen and a breach of trust'
But, Zhang's lawyer Angus Redford urged the court to impose a suspended sentence because his client had poor English, no prior convictions and his business visa could be cancelled.
"He understands that a period of imprisonment could adversely affect his visa and his capacity to remain in Australia," Mr Redford said.
"He knows that he is not going to participate in this industry again, given Your Honour's findings."
Mr Redford said Zhang had worked hard before coming to Australia in 2005 and continued to work hard while in Adelaide.
"The imposition of a custodial sentence would be quite life changing for him," he said.
"I would ask Your Honour to consider the difficulties a person who has very limited English would have in a prison setting."
He said Zhang's offending was at the lower end of the objective scale when compared to similar offending.
Magistrate David Whittle described the offending as brazen and a breach of trust.
He said he needed more time to consider what sentence to impose.
"This is a man who exhibits no contrition, no remorse," Magistrate Whittle said.
"He has pleaded not guilty and to be clear about it, the reason I'm being asked to impose a suspended sentence is limited to his offending being at the lower end of the scale, that a person in his position could have done much worse things."
Zhang will be sentenced next week.
