A 28-year-old woman has been jailed for the sexual assault of a child. Photo: NSW Courts.
CONTENT WARNING: This article refers to child sexual assault.
A woman who sexually assaulted a child in her care at a Wollongong support home has been jailed.
Magda Fawzi Mikhaiel, aged 28, pled not guilty to four charges related to the sexual touching and sexual assault of a 15-year-old girl in 2022.
The jury heard that the victim, Helen (not her real name) was put in temporary emergency care after her mother died.
Helen was the only resident in the accommodation at the time.
On the evening of the offending Helen drank some alcohol she had left over after a previous night out.
Mikhaiel brought in some vodka from her car, which the two mixed with an energy drink and drank.
They went to Helen’s room and sat on a bed when, at about 6:25 pm, Helen said Mikhaiel “started to get touchy”.
Helen video recorded a portion of what happened next on her phone.
Mikhaiel offered Helen a massage, and Helen agreed, however, the court was told after the massage began things “escalated”.
After Mikhaiel left and went to her room Helen contacted a friend and spoke to her friend’s mother.
Police were called and met Helen and the friend’s mother outside the emergency accommodation.
DNA tests returned positive matches to Mikhaiel’s DNA profile at the locations where Helen said she was touched.
Tests for saliva were positive at the locations that matched Helen’s account.
Mikhaiel was arrested the following day. She agreed to be interviewed, and denied the offending.
A number of things she said in the police interview she later admitted were lies.
At trial Mikhaiel, who had no prior convictions, denied she gave Helen alcohol and denied the massage or any subsequent offences had taken place.
After a 10-day trial, however, a jury found the support worker guilty.
Judge Andrew Haesler said he believed the jury came to the right conclusion based on Helen’s testimony and the physical evidence.
“I do not believe she was inventing this story,” he said.
“There is an absolute prohibition on any sexual activity with a child.
“The law is strictly enforced. It is intended to protect children from the physical and psychological harm taken to be caused by premature sexual activity.
“Helen’s testimony was supported by video and forensic evidence and almost immediate complaint.”
When he passed sentence on Mikhaiel, Judge Haesler took into account aggravating factors, such as Mikhaiel being in a position of power over Helen.
He said she put her desire for sexual gratification over her professional obligations to a child in her care, and added to her victim’s vulnerability by providing her with alcohol.
There were also a number of mitigating factors, Judge Haesler said.
The court was told Mikhaiel, born in 1996, was the youngest child in a large family.
Her mother died when she was young, and her family were subject to persecution in their home country.
She reported being sexually assaulted on multiple occasions as a young girl.
Her eldest brother brought her to Australia so she could live with him when she was 16.
Shortly afterwards, her father was diagnosed with cancer. She was not able to return to her home country to see him before he passed away.
Mikhaiel has no criminal history of any kind.
She told the court her experience in custody while on trial was a “living nightmare”.
She was removed from the general population to keep her safe from other inmates, is regularly locked in her cell and has little access to programs available for prisoners.
“Offenders generally cannot escape punishment because of the impact of custody on their physical and mental health,” Judge Haesler said.
“Prisons are nasty and violent places; prisoners are regularly assaulted and threatened by other inmates.
“Mikaiel, as is her right, maintains her innocence. She has displayed no remorse or empathy for the complainant.”
The most serious charge faced by Mikhaiel carried a maximum penalty of 20 years’ imprisonment.
Judge Haesler sentenced her to a term of five years and six months in jail, with a non-parole period of three years.
The sentence began on 22 May 2025. Mikhaiel will be eligible for release to parole on 21 May 2028.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
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