CRIMINAL CASE NO. 333 OF 2010
COURT: You have been found guilty of the offence of rape by the unanimous verdict of the jury. The evidence clearly establishes that you took advantage of a completely defenceless woman, defenceless because she was, on the evidence, wholly unconscious at the time and powerless to resist; and you knew that.
It may be a matter of debate as to which is worse, to rape a woman who is unconscious and unable to know what in fact was done to her, or to rape a woman who is conscious and who will have to live the rest of her life with the terror of the moment vividly impressed on her memory. For an unconscious woman, there must be the persistent wondering about what exactly went on, how exactly she was defiled and for how long, and the inevitable worry about disease from the fact of unprotected sex with someone she did not know and had never met before in her life.
It has been said that it is an aggravating feature of this offence when a condom is not used. Although that may sometimes seem strange in the context of an offence of rape which is, by its nature, an act committed without the consent of the woman, often in violent circumstances, it reflects society’s concern about the consequences for the woman of pregnancy and the transmission of disease. In any event, the non-use of a condom is clearly an aggravating feature where, as here, the victim is completely unconscious, has no idea what is happening and presents no obstacle whatsoever to what her assailant chooses to do.
I take into account that your own inhibitions may have been lowered as a result of the drink you had consumed and that you were, at the time, a person of good character from what, I can see and have seen, is a good family. However, women must be protected whatever the circumstances, particularly when they are in an unconscious state; and whilst drink may go some way to explaining why you behaved as you did, it does not excuse your conduct.
It is quite clear from all the evidence, including your own, that at all times, you knew exactly what you were doing. It is also apparent that this did not just happen on the spur of the moment. There is clear evidence that someone was helping you by positioning himself outside the cabin to prevent anyone coming in to disturb you. This case was not presented to the jury as one of recklessness but as one in which you knew full well that she was not consenting and the jury has rightly, in my view, convicted you on that basis.
Bearing all these considerations in mind, the sentence I pass upon you is one of 6½ years’ imprisonment and that is the sentence of the court.