A father of five was ordered to serve three years and nine months behind bars after he raped a woman without her consent.
Justice Andree Wiltens said that on December 25, 2020, Michael Selwyn was intoxicated and sneaked into the complainant’s bedroom, removed her clothes and had full penile intercourse with her.
He said that the complainant initially thought it was her husband, but then realised it wasn’t. She took a torch and shone it in Selwyn’s face to confirm the man was not her husband. Selwyn then ran off half-naked.
When interviewed, Mr Selwyn admitted his offending.
The court said the sentence start point is assessed by considering the maximum sentence for this offending and factoring in its aggravating and mitigating aspects.
The maximum penalty for sexual intercourse without consent is life imprisonment.
Justice Wiltens said that there are no mitigating aspects to this offending. The offence is aggravated by the fact it occurred in the complainant’s home and involved invasion into her home where she should feel safe and where she was asleep. The unprotected nature of the offending exposed the complainant to sexually transmitted disease and unwanted pregnancy.
He then adopted a starting sentence of six years imprisonment.
He said that Selwyn pleaded guilty to his offending. That is an acknowledgement of wrong-doing, as well as a saving of Court time and expense. Further, it has spared the complainant’s the ordeal of having to give evidence. For that reason, the sentence start point is reduced by 33 percent.
Selwyn is 39 years old, married with five children. He had limited schooling and relies on gardening to support his family. He has no previous convictions.
Selwyn blames the complainant, however, as she was asleep at the time, which is plainly unwarranted. It does Selwyn no credit to minimise his offending and for his personal circumstances. He further reduced the sentence start point by three months leaving three years nine months imprisonment as the end sentence.
The sentence was backdated to February 12 2021.