Residents in the northern region of Western Australia have expressed their bewilderment over the decision to allow a man, who has admitted to raping a woman, to remain out on bail while awaiting sentencing.
Wayne Jeffrey Doherty, aged 66, received a prison sentence of three years and seven months on February 10 at the Perth District Court but was allowed to live in the Broome community for five months following his guilty plea.
Advocates for sexual assault survivors have raised alarms about the dangers posed by allowing offenders to stay on bail, indicating that it creates significant risks for the community.
Doherty’s case has stirred strong emotions within Broome after he was convicted of raping a woman in August 2022. He pleaded guilty to two counts of sexual penetration without consent in September 2025, which sent shockwaves through the local area.
The five-month period between his guilty plea and sentencing, during which he remained free on bail, has left many community members astonished and concerned.
A local woman, who has chosen to remain anonymous, noted that Doherty continued to work in the tourist sector while out on bail, which made many uncomfortable due to the nature of his charges. “People expressed their unease about working alongside him, especially since the allegations were well-known,” she stated.
Another local man, also opting for anonymity, shared his deep concern, stating, “He [Doherty] made women feel uneasy.” He described the decision to grant Doherty bail as “unjust,” voicing that the community felt “upset and angry” about the situation.
Olivia Tan, a senior lawyer at the Sexual Assault Legal Service WA, explained that bail decisions for sexual offenders are contingent on specific case details but inherently carry risks. She highlighted the barriers that survivors face when deciding to report their experiences and the importance of trust in the justice system’s handling of sexual violence cases.
“For someone considering coming forward, knowing that the offender is out on bail can be devastating,” she remarked. Tan noted that many potential reporters may not fully understand what to anticipate during the reporting process.
Meredith Blake, a criminal law professor at the University of Western Australia, pointed out that judges weigh various factors when determining bail, including the severity of the offense, the defendant’s character, living situation, and the likelihood of appearing in subsequent court hearings. “Evaluating bail decisions involves understanding how the presiding judge has interpreted the evidence presented,” she explained.
In Australia, individuals awaiting trial account for approximately 42 percent of the prison population. Doherty spent only two days in custody throughout the four years from his arrest to sentencing.
WA Attorney-General Tony Buti issued a statement underscoring that bail decisions are made independently by the judiciary in line with legal standards and the specifics of each case. While he refrained from commenting on the court’s ruling, he acknowledged the profound impact that criminal proceedings have on victims of sexual violence and reiterated his commitment to enhancing the justice system’s responses to such cases.
