AAP

Traveller jailed after raping deaf woman at campsite

AAP logo AAP 23.06.2023 07:54:14 Cassandra Morgan
A woman told a man no between five and eight times before he raped her, a judge said.

A deaf woman repeatedly rejected a traveller's sexual advances before he grabbed her and raped her at a campsite on Victoria's coast.

David Elmer, aged 30 from Jervis Bay, was travelling near Lorne in 2019 when the woman chatted with him and his two female friends in the campsite's carpark.

The woman, who uses Auslan, later accepted Elmer's help to set up her tent, and was amused by his boldness when he kissed her once the job was done.

He suggested they have sex in her tent but the woman declined, and instead started walking back towards the car park.

Elmer followed and suggested they go into a toilet block together, prompting the woman to again say no before he grabbed her and raped her.

The woman was scared but didn't want it to show, so tried again to walk calmly towards the car park before Elmer exposed himself to her and asked her to perform a sexual act.

In the hours that followed, the woman told several people about Elmer's attack. 

He later maintained his innocence, saying he believed the woman was consenting, before a jury found him guilty of the rape.

From the point Elmer suggested having sex in the tent, the woman told him no between five and eight times, Judge Fiona Todd said during sentencing in the County Court of Victoria on Friday.

Judge Todd said the woman's rejections were clear.

The victim was a keen surfer who loved to camp in nature but was too scared to do so since the attack. 

Elmer shattered her enjoyment of the outdoors. 

The rape caused her to have panic attacks and her heart raced anytime she was alone in a taxi, the court was told.

Judge Todd condemned Elmer's attack as brazen and persistent, saying he showed a complete disregard for the woman's attempts to reject him.

Elmer was of good character prior to the rape, and wanted to be in a Christian rock band before he took up a trade. 

He was yet to tell his parents about his situation but had the support of his sister, the court was told.

Elmer may have believed the woman was consenting but that belief was entirely unreasonable, the judge said.

She sentenced Elmer to four years and nine months in prison with a non-parole period of two years and 11 months, and urged him to never again completely overlook rejections of sexual contact.

He has already served 144 days on remand, which will be deducted from his sentence.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

vendredi 23 juin 2023 10:54:14 Categories: AAP

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