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The Canberra Times
The Canberra Times
Tim Piccione

Man accused of raping, filming sleeping woman with intellectual disability

A man has been accused of repeatedly filming himself raping a woman with an intellectual disability while she slept.

"There was a deliberate disregard or wilful blindness as to what constitutes consent," a prosecutor said on Tuesday.

The ACT Magistrates Court also heard the alleged rapist was reported to police when the woman managed to record herself being sexually assaulted earlier this year.

The man, aged in his 50s and not named to protect the "highly vulnerable and easily manipulated" woman's identity, was refused bail over more than 40 family violence charges.

Those charges, including numerous counts of intimate observations or capturing visual data, and sexual intercourse without consent, relate to his casual partner of two decades.

The man has denied the allegations despite what magistrate Alexandra Burt described as "well documented evidence of sexual conduct to which [the alleged victim] is not consenting".

Police allege the man contacted the woman in May and offered her $100 for sex. She came over to his home and while the pair initially had consensual sex, she soon "withdrew her consent".

A prosecutor told the court the alleged victim repeatedly cried out for the man to stop, telling him: "No more ... I'm in pain."

"The word 'no' in various forms was expressed numerous times," the prosecutor said.

He allegedly ignored the woman's protests before she began filming him using a nearby tablet, the footage from which she provided to police.

Later searching the man's home, police found 61 files on his mobile phone depicting "various sexual acts".

The court heard several of those videos, recorded in 2023, included footage of the man raping the woman while she appeared to be asleep, was motionless, and "can be heard snoring loudly".

The ACT Magistrates Court, where the man was refused bail on Tuesday. Picture by Jamila Toderas

The man was seen shaking his head in court as some of the allegations against him were read out.

"There are further charges forthcoming relating to the actions themselves captured in the footage," the prosecutor said.

According to a police document, officers described the alleged victim as being unable to protect herself from the man. She was reportedly "shocked and upset" to learn of the videos he is said to have recorded.

The court heard the woman had an intellectual disability and suffered from post traumatic stress disorder, borderline personality disorder, anxiety and depression.

Representing himself on Tuesday, her alleged rapist said the videos were not for public sharing, he had never manipulated or restrained the woman, and any sex had been consensual.

"She was actually awake," he said, also noting he would never contact his former partner if released.

The magistrate eventually cautioned the man that what he said in open court could later be used as having made admissions.

Ms Burt ultimately denied his bid for conditional freedom, citing the alleged victim's vulnerability.

The case is set to return to court next month.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525; ACT Domestic Violence Crisis Service 6280 0900.
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