Man raped backpacker then forced her to lay with him
A SAMOAN national, who forced a young woman he had just raped to lay with him for hours in bed afterwards, holding her as she was curled up in the foetal position, has been jailed for nine years.
Ivan Galuega, 24, faced Bundaberg District Court on Tuesday where he was sentenced after pleading guilty to two counts of rape, one count of burglary with violence and one court of assault with intent to rape after forcing himself on a Swedish woman who was staying at the same Childers backpackers' hostel.
Crown prosecutor Clare Kelly said Galuega had been in Australia since March 2014, working through the seasonal workers program, while the complainant - aged 20 at the time - came to Childers to complete part of her 90 days rural work to secure an extension on her visa.
Ms Kelly said on the night of the June 14, 2014 the complainant had gone to bed after packing her bags in preparation to move to alternative accommodation the following morning.
She said Galuega asked the complainant's friends where she was and what her travel plans were before CCTV footage showed Galuega walked up and down the corridor outside the complainant's bedroom.
At one stage Galuega masturbated outside the complainant's door before he grabbed an implement from the kitchen and let himself into her room.
Ms Kelly said the complainant woke and the defendant said "don't scream or I'll kill you" and he threw the complainant's mobile phone across the room.
She said the woman repeatedly told Galuega "no", but he ripped off her underwear, forced her to the ground, made her to perform a sex act on him and had sexual intercourse with her.
Afterwards the defendant refused to let the complainant go to the bathroom alone and held her in bed, telling the woman her loved her and wanted to make her happy.
Ms Kelly said the complainant was later treated for bruises to her neck, shoulder and arm but declined to provide a victim impact statement, saying she would rather "move forward than look backwards".
Defence barrister Kim Bryson said Galuega was a talented rugby union and league player who represented his region in both codes and came to Australia after the relationship break down between himself and the mother of his three children.
She said Galuega was a member of his local church in Samoa who under took community work to assist the elderly.
In sentencing Judge Gary Long said the statement of facts indicated Galuega had been drinking earlier in the night before he persisted to use force to seek sexual gratification from the complainant, holding her around the neck with one hand during the ordeal.
"She pleaded with you not to do it," he said.
"It seemed that you were quite infatuated with her.
"To add insult you told her you loved her."
Galuega was sentenced to nine years jail with a parole eligibly date fixed at December 20, 2017.