Convicted rapist and former actor Simón Monteiro, nicknamed the ‘playboy rapist’, will no longer have to wear an ankle bracelet in public.
Monteiro served 11 years in jail before being released on parole in April 2020 after raping his ex-girlfriend in a Sydney apartment.
He entered her house uninvited, beat her and threatened to suffocate her before the sexual assault.
After she went to the police, he cut up her furniture, soaked her books in water and killed her fish.
The 58-year-old, who maintains his innocence, was given an extended supervision order in July 2020 with 26 conditions imposed on his community life.
On Friday, some of these restrictions were revoked or modified following an urgent hearing in the New South Wales Supreme Court.
Judge Peter Garling concluded that Monteiro posed a reduced risk to the community compared to 2020, when the supervision order was imposed.
Evidence given to the court by several women showed that after spending years in the community, there had been no recurrence of the sexual offense that landed the 58-year-old man behind bars in the first place.
Monteiro served 11 years in prison before being released on parole in April 2020 after raping his ex-girlfriend in a Sydney apartment.
The requirement that Monteiro be electronically monitored at all times via an ankle bracelet was no longer necessary, Judge Garling said.
“(Monteiro’s) behavior since (the order) was imposed is such that any deterrent effect of it has ceased,” the judge said.
The ankle bracelet had caused the 58-year-old to struggle to get a job, which was vital for his rehabilitation and integration into the community, Judge Garling added.
The judge revoked an additional condition that Monteiro obtain permission from Community Corrections before spending the night anywhere other than his home.
However, he refused to rule out a condition requiring the convicted rapist to report to his supervising officer anyone with whom he had intimate or sexual relations.
This was because there was still some risk to the community, the judge concluded.
Instead, Judge Garling doubled the amount of time required for this condition, giving Monteiro 48 hours to report his recent sexual partners.
A condition requiring the 58-year-old to provide information about any new employment, volunteer work or study to his supervisor before starting was revoked.
Monteiro was unhappy with the results and said he would ask Judge Garling to recuse himself from hearing the case further.
“In practice, this condition, at least from (Monteiro’s) perspective, has provided a barrier to participation in employment or educational courses,” the judge said.
A number of conditions will be varied relating to the violator’s use of the Internet, dating apps, social media platforms, mobile phones and other communication devices.
Judge Garling refused to remove the final condition that Monteiro obtain permission from Community Corrections before he can legally change his name.
Monteiro was unhappy with the results and said he would ask Judge Garling to recuse himself from hearing the case further.
“This makes no sense today,” he said after learning of the decision.
A hearing is scheduled for May to determine whether the entire supervision order should be modified or revoked.
Monteiro’s case has been in the headlines for many years not only thanks to his former glamorous lifestyle and alleged ties to Hollywood celebrities, but also for his complaints about prison conditions that included demands for a coastal cell, a soft-bristle toothbrush and an orthopedic mattress.
In October 2017, Monteiro told the New South Wales state parole board that it was “in the public interest” for him to be released from prison despite the creation of a Change.org petition with more than 46,000 signatures urging that should never be released.