Former chef escapes jail after being found guilty of rape

A former Victorian chef has been spared jail after he raped a 16-year-old girl and then asked her to help conceal the crime from his wife.

Former head chef at head chef at Dromana restaurant Two Buoys, Graeme Walter was drunk with the girl at an after works drinks session when he pulled down her pants and underwear and twice sexually penetrated her while they were in the bathroom.

Walter drove the girl home after the pair vomited in the bathroom and asked her to wash his clothes, which she agreed to do. The case was heard by County Court judge Kevin Doyle on Thursday.

Walter will undergo a two-year community correction order after pleading guilty to two charges of sexually penetrating a child of 16 or 17 under his care or supervision.

Whilst Judge Doyle was initially inclined to jail Walter, he instead took into consideration the 34-year-old’s personal circumstances and that prosecutors were open to a non-custodial sentence. "You have missed going to jail by a sliver in this case," Judge Doyle said.

The crime unravelled after the girl resigned from her job just days after the incident and then told a barman who confronted the former chef. Walter then asked the barman to keep it to himself, however Walter resigned a few months later and hasn’t worked as a chef since.

It was a change in the girl’s behaviour that led her parents to question why she left Two Buoys. The girl was defensive and quiet and didn’t want to speak up for fear she would "ruin someone's life". Walter was arrested two months after the girl went to the police in January last year.

The court heard the girl became depressed, had sleep problems and nightmares, no longer wanted to work in hospitality, lost her appetite and didn't feel safe in the community. "It is clear the impact of your offending on the victim has been substantial and it is likely to endure for some time," Judge Doyle said.

"Because of your selfish behaviour she has abandoned a career she might have had and her relationships with her father and her partner have been affected." Walter had worked as a chef for the majority of his life at restaurants on Hamilton Island and on the Mornington Peninsula.

He was a binge drinker and regularly used cocaine and ecstasy during his time as a chef. He has since modified his behaviour and is now looking at employment in the mining industry.

Walter will undergo alcohol, drug and mental health treatment under the correction order and complete 180 hours of unpaid community work.

He will be a registered sex offender for the next 15 years.