Vicious Hep C rapist claims 10 years jail is unfair
*Warning - graphic content*
A DISEASED rapist who choked his victim, broke her rib and infected her with hepatitis C has failed in an appeal of his 10-year jail sentence.
The 22-year-old Kingaroy man claimed the punishment he received for viciously attacking a woman he had met at the local pub was too harsh.
This is despite the 28-year-old victim stating was now fearful of leaving her house alone, had lost all confidence, contemplated suicide and could not afford to regularly travel to the closest hepatitis C clinic at Toowoomba for treatment.
The woman did not know her attacker before she was introduced by a friend over drinks in November, 2015.
Back at the man's house, the three continued drinking.
The woman's friend left and she tried to leave too, but the man convinced her to go inside and roll a cigarette.
The Court of Appeal heard the man "immediately attacked her, grabbing her by the throat and slamming her head on the floor".
At first he apologised before grabbing her again and dragging her to the room.
"She struggled and yelled at him to stop ... but he ripped her clothes off and then threw her onto the floor," the court heard.
"He smashed her head onto the floor and choked her with one hand around her neck.
"She reached for her phone but he threw it away."
The man then forced himself into her for a "few seconds" before ejaculating on her.
His victim grabbed a blanket, wrapped herself in it and fled before calling a friend who took her to hospital.
There she was treated for a fractured rib, injuries to her neck and legs, bruising and scratches.
Blood tests taken in the days after revealed she had contracted Hepatitis C.
Brisbane District Court heard that while the man only had a minor criminal record, he had a long history of substance abuse and along with his disease, had a form of psychotic illness.
The sentencing judge found there had been "no flirting between the two" or any suggestion of "romantic interest" before the attack which had a "devastating" impact on the victim.
She said while the penetration was "relatively quick, the offence was particularly vicious".
The man was sentenced to 10 years in jail making him a serious violent offender by law.
This means he must serve at least 80% of that sentence behind bars.
Defence barrister Ben Power claimed the sentence unfairly placed his client in a category with more serious offenders who had shown a "pattern" of behaviour and did not take into account his youth, guilty plea and "serious mental health issues".
But Carl Heaton QC, for the DPP, argued the "range of sentences imposed for offences involving rape vary widely as to the circumstances in which they are committed".
The Court of Appeal agreed and the application to appeal the sentence was refused.
The man will not be eligible to apply for parole until November, 2024.
- ARM NEWSDESK