A man who raped a sleeping woman, telling her “don’t worry babe” when she woke, has been sentenced to two years' imprisonment.
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The pair were out in Civic with friends following a birthday party in 2009, but became separated and eventually caught a taxi back to a friend's home. The woman went to sleep on a couch in the home's garage area.
But - in an attack that has caused her lasting pain, anxiety and fear - she awoke to find the man having sex with her. She asked, “What are you doing?” to which the man replied: “Don’t worry babe, it's OK."
The victim froze and the rape continued until the man’s mobile phone sounded.
The man, then 19, was arrested, but told police the sex was consensual.
He later gave evidence at trial accusing the woman of inventing the story because she had cheated on her boyfriend with him.
A jury rejected his version of events and found him guilty in the ACT Supreme Court earlier this year.
On Tuesday, Justice Richard Refshauge sentenced the offender to two years' imprisonment with nine months non-parole. The court took into account the harm suffered by the victim and her family. The woman faced her attacker to give evidence late last week, telling the court of the ongoing impact the crime had on her life. She spoke of her constant anxiety, panic attacks and fear, saying the rape had changed her life forever. “I’m still his victim.”
The woman's father also gave evidence, describing the horror of receiving a phone call from his daughter in which she told him she had been raped. He spoke of feeling as though he had failed her as a father.
Justice Refshauge acknowledged how hard it was for the victim to give evidence in the court. He said the crime was a violation of her bodily integrity.
He took into account the offender’s young age, lack of criminal history, and excellent prospects for rehabilitation. The crime, he said, was in the lower end of seriousness for crimes of its type, but not the lowest. He said there was no violence involved and it was opportunistic rather than premeditated.
But he said it must have been clear there was no consent, and said the attack continued despite her comment when she woke.
He found the pair had been involved in flirtatious behaviour earlier in the night, but said it did not justify or mitigate the crime. Hours passed since any flirtation, he said, and the pair had argued in the taxi on the way home.
He accepted the man had shown some remorse and recognised the harm he had caused the victim.
The offender will be eligible for parole in February next year.