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A Melbourne Uber Eats driver who sexually assaulted a disabled person while delivering food to their home worked as a house cleaner for participants in the National Disability Insurance Scheme (NDIS) after the attack.

Sohail Gul, 30, dislocated the shoulders of his partially paralysed victim as he pinned them to the wall of their home and sexually assaulted them.

Sohail Gul outside the County Court on Friday.Credit: Chris Hopkins

The victim, who identifies as non-binary and uses mobility aids to move around, was unable to cook for themselves and relied on the delivery app to order food. The attack left them in agony and terrified to leave their home.

Details of the assault were aired in the County Court of Victoria on Friday after Gul launched an appeal against his two-month prison sentence.

The court heard that until Friday’s hearing, Gul had worked as a cleaner in residential homes and some of his clients included participants in the NDIS, the federal government scheme that supports Australians with disabilities.

Lawyers did not provide further information about Gul’s work arrangements or whether any checks were conducted before he was allowed to attend the homes of disabled people.

In January 2019, the court heard, Gul delivered the victim’s food and left their home but returned a short time later asking to use the toilet.

Once he was inside the unit, he began questioning the victim about what parts of their body were paralysed and whether they were expecting any visitors. The victim told the court that Gul inspected their bedroom, searching for other people, and asked if the doors and windows were locked.

Gul then shoved them between a fridge and the wall and sexually assaulted them, the court heard. Both of the victim’s shoulders were dislocated during the ordeal.

“Due to the shock and adrenaline response from the incident, I didn’t realise that I was injured until well after the police interview, where I was left sobbing in agony and attempting to reset my joints on my own while still panicking about being sexually assaulted in my own home,” the victim said.

The victim, a wheelchair user, suffers from chronic pain and is paralysed on the right side as a result of a rare genetic health condition that affects the skin, joints and blood vessels. At the time of the attack, they were experiencing severe pain and using a walking stick to move around.

‘The manner in which my house and body were inspected for flaws haunts me even now.’

“I usually see the best in people, and I am still shocked at how calculated and planned this assault felt. The manner in which my house and body were inspected for flaws haunts me even now,” they said.

The victim had moved into the unit two weeks before the attack after experiencing a period of homelessness. They described being too afraid to leave home after the attack and experiencing panic attacks every time the doorbell rang, fearing Gul would return to hurt them.

“This home that was meant to be my new beginning [but] had become my prison,” the victim told the court. “Because of my disability, I felt very vulnerable and isolated as a result of the attack. I couldn’t socialise. I had no idea if I was to be confronted by the offender again as he knew where I lived.”

Gul pleaded guilty to one count of sexual assault in Melbourne Magistrates’ Court in June last year and was sentenced to two months in jail. He lodged an appeal three months later against the sentence.

Gul enters court with his lawyer. He pleaded guilty to sexually assault and must serve two months in jail.Credit: Chris Hopkins

On Friday, the County Court heard Gul denied the attack was sexually motivated and claimed he was curious about the victim’s disability and wanted to have a chat.

Judge Michael Tinney dismissed the claims as “nonsense” and said Gul’s conduct inside the victim’s home showed that he was determined to commit a crime.

“He sees an opportunity and in the door he goes,” Tinney said. “The aggravating features of this offence leap off the page.”

Tinney said the two-month prison sentence originally imposed was “an extremely modest term of imprisonment” and warned that Gul faced extra time in jail if he proceeded with the appeal.

Gul abandoned the appeal following the judge’s warning and was taken into custody to serve his original prison term.

Outside court, the victim encouraged other sexual assault survivors to come forward and report their experiences to police.

“Especially the vulnerable population,” they told The Sunday Age. “There are resources for you, there are people who are willing to help and who will hear you. It’s worth reporting.”

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue 1300 224 636.

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