A "creepy" rugby player who ran into a former workmate on a night out later went home with her, struck her in the face and forced her to submit to "date rape", a judge has found.
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Ropati Dominic Finau had his bail revoked and was immediately escorted to the cells on Tuesday after ACT Supreme Court Chief Justice Helen Murrell found him guilty of rape.
She acquitted 25-year-old Finau of another two charges.
During Finau's judge-alone trial, prosecutor Patrick Dixon said the rugby player only stopped assaulting his 18-year-old victim when her cat interrupted because he "f...ing hates cats".
Chief Justice Murrell, in her decision on Tuesday, said she accepted the victim's version of what happened beforehand.
The woman said she came across Finau, commonly known as "Dom", while on a night out in in Canberra city in November 2018. The pair ended up bar-hopping and kissing, but she wanted to dance and have fun rather than get too intimate.
Finau eventually told her "we're going now" and she agreed to share a cab with him under the pretense it would drop her off, and continue on to drop him home. Instead, Finau - an office worker - said he felt sick and needed to go upstairs to use the bathroom and get a drink of water.
Finau ultimately pinned her down, struck her face when she tried to fight him off, and raped her.
She later told a friend Finau was a "f...ing creep" and an asshole "who wasn't leaving me alone and wouldn't let me talk to anyone" while out, but detailed the full extent of the assault to police in March 2019.
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"[The victim] repeatedly said words to the effect of 'get off me', 'this is not happening, stop it' and 'no, stop, I don't want to have sex, I don't want you to do this' but he ignored her," Chief Justice Murrell said in her judgment.
"She was resisting and pushing against his windpipe. She was pushing and slapping him."
Chief Justice Murrell accepted Finau was a shy and introverted person of prior good character but was intoxicated on the November night, which could provoke "otherwise uncharacteristic behaviour".
"On the accused's own account, he was well affected by alcohol, albeit he was not 'legless'," she said.
"With the benefit of hindsight, the assertion that the cat interrupted the sexual interaction may appear novel and striking, but that may not have been the complainant's view at the time."
Chief Justice Murrell concluded there was no reasonable possibility Finau's version of events - in which he had consensual sex with his victim, initiated by her - was true.
She revoked his bail and remanded him in custody until July 15, when he will be sentenced.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
