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The Canberra Times
The Canberra Times
Tim Piccione

'Cavalier brothel veteran' made assumptions during rape, court told

Joseph Ayoub outside court during his trial last year. Picture by Karleen Minney

A "veteran of brothels" was "cavalier" in the way he interacted with a "novice" sex worker on the night he visited a bordello and raped the woman, a court has heard.

"He made assumptions he probably wasn't entitled to in terms of her experience and about her as a sex worker," defence barrister John Purnell SC said.

Joseph Ayoub faced the ACT Supreme Court on Tuesday, when he was sentenced to a total jail term of two years and six months.

With the man having already served nearly 19 months in custody, Justice David Mossop elected to suspend the remainder of his backdated sentence from Tuesday.

A jury found Ayoub guilty in October of sexual intercourse without consent, second-degree sexual assault, and assault.

He was acquitted of three further counts of sexual intercourse without consent.

Each of the charges related to an early morning incident that occurred in September 2020, when Ayoub, a seasoned brothel patron said to have visited such venues 120 times, attended a bordello in Mitchell.

Dubbed "naughty Joey" by a brothel receptionist who described seeing him "slapping his cock around", the Sydneysider pleaded not guilty to all charges and denied any wrongdoing with the sex worker he saw.

Joseph Ayoub outside court during his trial last year. Picture by Karleen Minney

The guilty verdicts related to non-consensual choking, digital penetration and spitting, all of which took place over a 13-minute period.

Ayoub had, throughout the trial, argued he had paid to do these things and they had been consensual.

Mr Purnell told the court on Tuesday it was "crystal clear" Ayoub had "paid for services he didn't get".

In sentencing, Justice Mossop revealed Ayoub was under the influence of methamphetamine during the offending and that spitting in the victim's mouth, which constituted assault, was done to pass along the drug's effects.

The judge described this as "pharmacologically misguided".

The court heard further support for the man on Tuesday, when his sister gave evidence and described her brother as being "very remorseful".

"He's very sorry that the complainant got very upset and that was not his intention," the woman said via audio-visual link.

"He believed he had paid for those services. He's had time to reflect on what happened, that's what he told me."

Sitting in the dock, Ayoub held his face in his hands while his sister spoke.

The further charges, on which the jury returned not guilty verdicts, related to two allegations of penile-vaginal rape and one of non-consensual oral intercourse.

Ayoub had argued there was never any penile-vaginal penetration, and that the oral sex had been consensual.

Prosecutor Morgan Howe told the court on Tuesday that the victim had put up clear "physical protestations" during the "violent incident".

"She made clear to the offender that there was no consent," Mr Howe said.

"There's no room for your honour to find the sexual intercourse without consent proved on a recklessness basis."

The prosecutor further argued there was no evidence of the victim having had a "freeze response", which can often be in line with a finding of recklessness.

Upon his release on Tuesday, Ayoub's time in custody will have amounted to about 66 per cent of his total sentence.

For the remainder of the sentence, he will be subject to a good behaviour order.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
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