A woman who was raped as she slept after a night out clubbing in Civic has spoken of her constant fear and anxiety, telling a court “I’m still his victim”.
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The woman’s attacker, who cannot be named, set upon her while she slept on a couch in the garage area of a friend’s house in 2009.
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The pair argued as they returned to the friend's house in a taxi, after the defendant told the woman her boyfriend would cheat on her.
The victim went to sleep on the couch but woke to find the man, now 23, raping her.
She asked “what are you doing?”, to which he replied “don’t worry babe, it’s ok”.
She froze and the attack continued until the man’s mobile phone went off.
The woman gave evidence to the ACT Supreme Court on Friday, speaking of the devastating impact the crime had on her life.
“I’m still his victim,” she said.
“Because of him I’ve suffered panic attacks for the first time. I’ve got this constant feeling of anxiousness.”
She told the court she felt there was only two ways she could feel safe: by locking herself away from the world, or by placing her faith in the justice system.
“The worst part about all of this is it will affect me for the rest of my life, and that isn’t fair,” she said.
Justice Richard Refshauge, who is sentencing her attacker, thanked the woman for giving evidence in the court saying she had shown bravery.
The offender’s lawyer, barrister Richard Thomas, said the attack was less serious than others, because it did not involve force, violence, intimidation or injury.
Mr Thomas said it was misguided and spontaneous, not pre-mediated or predatory, and that his client was intoxicated and had misinterpreted signals from the woman during their night out.
That was something strongly contested by the Crown, represented by Keegan Lee, who said the judge could not find any such signals existed.
Mr Lee said their last conversation had been an argument in the taxi, and that the man admitted he was sober by the time they got home.
He said the woman had never given any indication she wanted to have sex with him, and that a great length of time had passed since any dancing at the nightclub.
The Crown said the need for punishment was great, and the sentence needed to recognise the harm done to the victim.
The man’s bail was revoked, and he will undergo an assessment to see whether he is suitable for periodic detention.
The matter will return to the ACT Supreme Court next week.
