Meth-using rapist who sexually assaulted intoxicated woman is jailed for four years

CONTENT WARNING: This article refers to sexual assault.

A man was using meth with a woman when he sexually assaulted her on two occasions, leaving her “deeply affected” by the attacks.

Joshua Ryan Ware, aged 37, was found guilty of two counts of sexual intercourse without consent at the end of an ACT Supreme Court jury trial last year.

On Wednesday (28 February), he was sentenced to four years’ jail, with three years non-parole.

His victim had developed a dependency on methamphetamine after she used some with Ware. By early 2023, they had begun spending time together to use drugs, Acting Justice Peter Berman said.

After they used meth on one occasion, she fell asleep before waking up, feeling like she was unable to move. Ware then raped her while she did nothing to indicate consent.

The victim continued to see Ware for a time due to her use of drugs.

On another occasion, they had used meth when he picked her up and raped her – again, she did not consent.

“Given that he had taken advantage of her need for drugs, violence wasn’t necessary,” Acting Justice Berman said of Ware’s offending.

“[The victim] has been deeply affected by what the offender did and it is likely that such impacts will continue for some time, if not permanently.”

Earlier, prosecutor Soraya Saikal-Skea said it hadn’t been a violent sexual assault because “it didn’t need to be”. The victim was so intoxicated she couldn’t move or speak and was non-responsive on the first occasion, she said.

She said the pair were not in a relationship and the victim had been clear that she wasn’t interested in him.

Acting Justice Berman said Ware had shown no remorse, and the author of a pre-sentence report said he had demonstrated a lack of insight into the criminality of his actions.

Ware’s barrister Richard Thomas said his client had a long history of serious drug use that had escalated into ‘ice’, but it didn’t appear to be that he’d been forced to address this issue.

“If his drug habit is addressed, then he may be fully able to rehabilitate himself,” he argued.

Acting Justice Berman said Ware had suffered “many tragedies” in his life and had a “troubled background”, as well as “troubles with drugs for many, many years”.

However, it appeared he was not using drugs any more, which pointed to the possibility that he would be able to deal with his drug problem when he was released from custody, the acting justice said.

Ware had also completed courses while in custody, obtained certificates, and was appointed a peer mentor to other prisoners.

“To put matters bluntly, if he gives up drugs, it’s much more likely, indeed probable, that he will be able to give up his criminal behaviour,” Acting Justice Berman said.

As his sentence was backdated to account for time served, Ware will be eligible for parole from August 2026.

If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, and Lifeline on 13 11 14. In an emergency, call Triple Zero.