'Monster's' actions suggested an 'entitlement to the victim's body', court told

CONTENT WARNING: This article refers to a sexual assault.

The actions of a “monster” who sexually assaulted his ex-partner just after she woke up suggested he thought he was entitled to her body because they were in a relationship, a court has heard.

The 52-year-old, who is not named to protect the woman’s identity, pleaded guilty to a charge of sexual intercourse without consent before his sentencing hearing in the ACT Supreme Court on Wednesday (31 July).

The pair met on a Canberra singles website and lived together for a short time before breaking up. They were in the process of trying to work out their relationship when he stayed the night at her home in early 2021, court documents say.

She woke up to him pushing her over before he raped her. When she said, “What are you doing?” he told her to “Just relax”.

A couple of days later, she sent him messages on Facebook: “So having sex with me while I’m asleep. Do you think that’s okay?”

“I’m sorry and no [it] is not,” he replied.

She also recorded a phone call between them the next month, saying, “I didn’t give you consent. I was asleep, so how can I give consent?”

“I feel ashamed about it,” he told her.

In a statement for the court, the woman said what she wanted was “awareness”, and she implored the man to think about his “actions and the consequences they have”.

“Never in my most abhorrent nightmares would I have imagined that this would be the end of our love story,” she said.

“I find myself so damaged by what you did I cannot see a way where anyone would ever want me again, or why anyone would ever treat me with the respect, kindness and decency that I deserve.

“You were supposed to be my protector, the one who chased the monsters away when I was having a bad dream. I never imagined that you would turn out to be the monster I should have run away from.”

The man’s actions suggested he thought he had “an entitlement to the victim’s body” because they were in “some sort of relationship”, prosecutor Morgan Howe told the court on Wednesday.

He also said the man had made a comment about “consent being assumed” because they had been in a relationship.

Edward Chen of Legal Aid said his client’s prospects of rehabilitation were good, and he had no relevant criminal history, submitting that Justice Louise Taylor didn’t have to impose a full-time jail sentence.

He also argued there was no evidence to suggest one way or another what his client’s state of mind was at the time of the rape. He argued it was a possible inference that he didn’t think the woman was asleep, as she had said, “What are you doing?” before the assault.

However, Justice Taylor noted how the woman said she had been asleep, so she questioned how she could have given consent.

The man, who remains on bail, will be sentenced in September.

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, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.