Man raped ex-partner three times as she slept in her home
HE BROKE through his ex-partner's bedroom window, saw her asleep in her underwear and raped her three times before he fled.
DNA testing confirmed the father of her son, who was the subject of a domestic violence order banning him from being with 20m of her home, had sex with her in the night.
The woman awoke in her Laidley home at 3am after the crime in April last year and having suspicions her ex-partner had been to her house while she slept, called police and sourced a sexual assault investigation kit.
The man, who cannot be named to protect the identify of the woman, admitted to her he raped her three times in the "sanctity of her own home".
He told police he "took it easy on her" because she was asleep.
The 28-year-old was sentenced to jail in Ipswich District Court yesterday.
The court heard she "drank alcohol to the point she passed out" and she was "alcoholically comatosed" at the time.
The woman's "remarkable" victim impact statement said she did not believe her ex-partner's offending had malicious intent.
The statement tendered to the court read she did not wish for him to "rot in jail" but rather rehabilitate in the interests of their son.
"I hope he is able to rehabilitate from his past ways," it read.
"There are both too many and not enough words to describe what I am feeling."
Defence lawyer Tim Ryan said her victim impact statement was "balanced, fair and unusually absent of any vindictiveness".
"She is putting her grief to one side for the betterment of her own child," he said.
"He saw the complainant in her underwear and his attraction to her got the better of him."
Judge Dennis Lynch said the victim impact statement plainly put the interests of her son first.
"You violated her in the most despicable way," Judge Lynch said.
"You took advantage of her vulnerability because she was asleep.
"She seems to have found her inner strength in such that her primary concern is not her loathing of you but for her son."
The man pleaded guilty to three counts of rape and one count of breaching a domestic violence order.
He was sentenced to six years imprisonment and will be eligible to apply for parole after serving two years.
Judge Lynch declared 309 days pre-sentence custody.