Years-long delay in prosecution 'compounded' trauma from rape, court finds

CONTENT WARNING: This story refers to rape.

A man who repeatedly abused a long-time friend while she was asleep held “problematic core beliefs” about consent, a court has found.

In 2018, the victim and Angus Ross Lewis McKay, 32, went to the house she had been staying in to catch up.

That evening, the woman took her medication before heading to her bedroom alone to sleep.

McKay followed afterwards, and the woman woke to find him in bed with her. He proceeded to repeatedly assault her throughout the night before leaving in the morning.

The prosecution of McKay began after a government-ordered review into why so few sexual offence cases reported to police progressed to charge.

It resulted in him pleading guilty to one count of sexual intercourse without consent and four counts of committing an act of indecency without consent on the first day his charges were heard in court.

During his sentencing in the ACT Supreme Court on Wednesday (19 February), Justice Verity McWilliam said McKay’s offending was “not premeditated” and had a “degree of opportunism”.

“To the extent that the offender had planned to have sex with the victim, I accept that he had intended consensual sex. [That is not] what actually occurred,” she said.

Justice McWilliam said the victim remembered being “concerned the offender would get angry if she moved” during the offending and had also described that she “felt frozen” and “shocked by what was occurring”.

Also, she said the victim was “particularly vulnerable” as she was asleep during parts of the assault.

Justice McWilliam accepted an expert’s opinion that McKay held “problematic core beliefs” around consent.

She said McKay’s actions had led to “the destruction of his close friendship of 10 years with the victim” and later that he had “let his friend down spectacularly”.

At that point during sentencing, McKay teared up and wiped at his eyes.

During sentencing, she said a delay in McKay’s prosecution had “compounded” the victim’s trauma.

Police had declined to lay charges at several earlier points, even though McKay had approached police about his offending in 2021.

Justice McWilliam said this action, “albeit belated”, showed he had some insight into his behaviour.

The Sexual Assault (Police) Review (the SAPR review) examined the case in 2023, and a decision was made to commence prosecution.

The review is an ACT Government-ordered review of sexual assault cases reported to ACT Policing that were not progressed to charge, including those deemed unfounded, uncleared or withdrawn.

It aimed to understand why so few sexual offence cases reported to ACT Policing progressed to charge in 2020 and 2021.

In sentencing McKay, Justice McWilliam said at least part of his sentence would need to be served through full-time imprisonment.

She sentenced McKay to 18 months of prison time, which will be suspended after two months of imprisonment, meaning he will be eligible for release in April 2025.

At that point, he will then enter into an 18-month good behaviour order.

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.