Woman woke to find man touching her

A BRAZILIAN man who inappropriately touched a sleeping woman will spend no time behind bars for his crime.

Higor Antonio Heizen will return to Brazil on Wednesday after pleading guilty in the Southport Magistrates Court today to sexual assault.

He claimed the woman provoked him because she took off her pants to sleep in a T-shirt and underwear in a separate bed.

Heizen was sentenced to six months prison which was suspended for 12 months so he could return home.

Magistrate Pam Dowse said probation would have been suitable if Heizen was not planning to return to Brazil.

His visa is set to run out next week, the court was told.

The 22-year-old is not expected to return to Australia.

Higor Antonio Heinzen leave Southport Courthouse. Picture: Annie Perets
Higor Antonio Heinzen leave Southport Courthouse. Picture: Annie Perets

Prosecutor Emily Coley said Heizen met the woman through a mutual friend and the group went out drinking on January 3.

The woman was offered one of the two beds in the room where Heizen usually slept with a roommate.

Ms Coley said the woman woke to feeling someone inappropriately touching her.

She said Heizen then asked if she wanted to continue and the woman said no and he stopped.

The woman told a friend the next morning and went to police in the following days.

Heizen's lawyer Colin Townes, of Townes and Associates Lawyers, said the woman was acting provocatively towards him.

"He observed her doing things which he considered provocative," he said.

"She had undressed to her T-shirt and underwear."

Heizen required an interpreter throughout proceedings.