Man ‘stealth raped’ woman while she was unconscious
A rape victim, who was carried by her attacker from the couch to his bedroom while she was unconscious, gained consciousness many times throughout her ordeal, finding the rapist had placed her in different positions before replacing her pants and carrying her back to the couch where she had been sleeping.
Her attacker, a now 28-year-old house painter, was sentenced in Rockhampton District Court this week for one count of rape.
He cannot be named to protect the identity of his victim.
Crown prosecutor Tiffany Lawrence said the defendant invited the victim, whom he knew had dated his cousin previously, to a house party in February 2019.
She said the pair drank with others, with the defendant making the victim strong drinks, prior to going into the CBD.
While the victim was in the CBD, she became sick and was put in a taxi, which dropped her back at the defendant's house.
The court heard the victim was put in a makeshift bed on the couch about 2am.
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The defendant arrived home at 3.30am, carried her into his bedroom and raped her.
Ms Lawrence said the victim regained consciousness many times to find the defendant having sex with her in different positions.
She said the victim believed no condom was used as she could feel skin on skin contact.
Ms Lawrence said when the defendant "eventually" stopped, he replaced her pants and carried her back to the couch.
She said the victim then contacted her former partner, who was the defendant's cousin, and told him what had happened.
Ms Lawrence said the former partner confronted the defendant with a cricket bat.
The victim was taken to the hospital and DNA from the defendant was found in various places.
When the police attended the defendant's house the next day, he had stripped his bed and washed the sheets.
The defendant denied the rape, or ever touching the victim, in a written statement he supplied to police.
Ms Lawrence said the defendant knew how intoxicated the victim was at the time he engaged in the conduct.
Defence barrister Maree Willey said her client, who had been working as a house painter until a year ago when he stood down to care for his now 11-month-old daughter, had no issues with drugs or alcohol and had remained on good terms with the mother of his child.
She said he grew up in Emerald and attended school until entering the workforce.
Judge Jeff Clarke said the defendant had known the victim for years.
"You took advantage of a sleeping, heavily intoxicated, unconscious lady," he said.
"She heard you speak her name a couple of times.
"This style of offending, which is becoming called as stealth rape cases, is relatively prevalent in the community."
Judge Clarke sentenced the man to six years prison, declared 19 days presentence custody, and set parole eligibility at January 11, 2023, meaning he will spend at least 22 months in prison.