An Adelaide man charged with the attempted rape of a 13-year-old schoolgirl at a Gilberton bus stop in February last year, has been found not guilty by way of mental incompetence.
Anthony James Stengewis, 54, was charged with attempted rape, aggravated indecent assault and assault last year.
In the District Court today, both prosecution and defence agreed Mr Stengewis was mentally unfit to stand trial after reviewing medical reports.
However, Judge Geraldine Davison said she was satisfied beyond reasonable doubt that Mr Stengewis had committed the acts alleged by prosecutors.
"I found that the objective elements of the offence of attempted rape and of the assault are proven beyond reasonable doubt," she said.
In February last year, the court previously heard the 54-year-old asked the schoolgirl — who was waiting at a Gilberton bus stop on Walkerville Terrace — if she had a boyfriend before pushing her into a garden bed and attempting to rape her.
At the time prosecutor Darin Clearwater said the 13-year-old shouted "stop" and "help".
"The male didn't stop and there was no-one else around," Mr Clearwater said.
"The victim started kicking the male to the stomach and groin area."
He also said the victim was on the phone to her sister during the assault and was able to give a detailed description of the offender.
The court previously heard Mr Stengewis lived in a boarding house in Medindie — two-to-three-minute walk from the crime scene.
Mr Stengewis has been held at James Nash House since his offending.
Judge Davison said the matter could be called back earlier if she received relevant medical reports quicker than expected.
