A 40-year-old serial offender who pleaded guilty to a sex assault on a schoolgirl on a bus was today referred to the mental health court.

Magistrates’ Court heard that Kevin Rubaine’s victim was “shaken and violated” after he put his hand up her skirt.

Rubaine, who has two previous convictions for similar offences and was on probation when the incident happened, told police the victim “should not have been wearing such a short skirt”.

The court heard the 18-year-old, who cannot be named for legal reasons, caught a bus to school on May 23.

Rubaine sat in the seat next to her.

She said she felt him move against her, but dismissed it as him adjusting himself until she felt his hand beneath her skirt.

The teenager put her bag between them, but he continued to try to touch her until he left the bus.

As Rubaine got off the bus she took a picture of him with her phone.

She later told a teacher, who informed police about the incident.

The court heard days later the victim caught a bus heading east.

Rubaine get on the bus and took the seat next to her.

They both got off the bus at Grotto Bay in Hamilton Parish and the teenager contacted police.

The teenager watched Rubaine and told officers when he boarded another bus.

Police later stopped the bus and arrested Rubaine.

Rubaine told officers his victim “didn’t say no” and claimed she moved her legs towards his.

Magistrate Khamisi Tokunbo said he would not be surprised if the mental health court would not accept Rubaine.

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