A history of re-offending
His re-offending happened despite Kay being subjected to extended supervision orders (ESO), which are designed to keep a short leash on the most dangerous offenders.
In 2018 Kay breached his ESO by approaching a 16-year-old girl working at a supermarket and giving her a “slobbery kiss” on the cheek. She was horrified and it was media publicity that helped her realise the man who had assaulted her was the infamous North Shore Rapist.
In 2020 the State of NSW asked Justice Stephen Rothman to put Kay on a second ESO.
Despite Kay’s breaches in 2018, the State of NSW removed the requirement for Kay to provide his schedule of movements in the second ESO, although he would still wear an ankle monitor.
The Herald has won a legal bid to identify the infamous North Shore Rapist, Graham James Kay.
Kay told Justice Rothman that the negative media attention had cost him family and friends, jobs and housing.
The judge said negative press would “significantly impact upon (Kay’s) capacity to continue any process of rehabilitation” and suppressed Kay’s name.
Kay, in January 2022, followed a woman walking around Sydney’s Queen Victoria Building.
CCTV captured Kay stalking the woman through shops before following her home and sneaking into her unit tower.
“As he exited the lift he placed his right hand under the complainant’s dress, placing it over her underwear and touching her genitalia,” a Supreme Court Justice would later say.
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“She was significantly traumatised by these events.”
He was sentenced to two years and six months on appeal and granted parole in September 2023.
Kay was placed on a third ESO in August last year, the details of which could only be revealed after the Herald fought the long-standing suppression order over his identity.
He was attempting to convince another judge not to force an ankle monitor onto his leg as part of his new ESO conditions.
But Kay lost on both counts after his survivors broke their silence and told the court about the impact his attacks had on them since the late-1990s.
Survivors speak out
“I was fearful I was going to die at the hands of the offender and would not wish this of anyone else,” one woman told the court, recalling the moment Kay leapt from the shadows and put a blade to her throat in 1997.
Kay had not appeared before the judge in person, likely to avoid the cameras and the women he attacked.
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“Graham James Kay will never be rehabilitated and no matter his age he must always be monitored,” one survivor told the court.
“He will always be a danger to the community, particularly to young women.”
On Saturday, one of those survivors told the Herald she was crushed to learn her warnings were allegedly borne out.
“This has to be the catalyst for harder laws,” she said.
“My concern is with that girl, she is my priority.”
The survivor urged the courts to “throw away the key” if Kay was found guilty.
“He is sick. He won’t get better,” she said.
Experts told a Sydney court last year that Kay continued to pose a high risk of sexual reoffending.
Forensic psychologist Marcelo Rodriguez diagnosed Kay with “sexual sadism disorder”, describing it as a chronic and relapsing condition that was linked to Kay’s offending.
A second psychologist, Michael Davis, said Kay felt the need to sexually touch women in “an attempt to reassure himself of his masculinity and coerce intimacy from his victims”.
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