Queanbeyan rapist jailed for nearly eight years over attack on niece

The man, who is now in his 50s and cannot be named, gave what Judge Andrew Colefax called "quite a reprehensible" reason for his actions.

While recently sentencing the rapist to seven years and nine months in jail, Judge Colefax said the man had told a psychologist he had committed the crime to retaliate against his wife's family after an argument.

A NSW District Court judgment reveals the rapist was with the victim at the Queanbeyan home of the girl's grandparents when the incident in question occurred in either 2008 or 2009.

He was in his late 30s or early 40s at the time, while the victim was under the age of 10.

The offender grabbed the girl in the laundry and covered her mouth, raping her as she cried in what Judge Colefax described as extreme pain.

"Although the statement of agreed facts does not expressly state it, the only rational inference in the circumstances is that you must have been aware of the pain you were inflicting on this young child," the judge told the rapist in sentencing.

Once the offender had finished his attack, he coerced the victim to stay silent with words to the effect of: "Don't tell anyone or I will do the same to [your brother]."

The girl's brother was only a toddler at the time, and Judge Colefax said it appeared she had believed the rapist's "wicked threat".

The victim did not disclose what had occurred until about 10 years later, when she told her mother she had been sexually assaulted but did not reveal the identity of the perpetrator.

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After the girl's mother became aware who the offender was, she contacted police in November 2019 and the victim made a formal statement the following month.

The rapist was confronted about the incident around that time by men who knew the victim, including another of her uncles, and he admitted what he had done in text messages and letters.

In a January 2020 letter, he said he asked for forgiveness but also that he "ought to have a millstone hung about my neck".

"I am ashamed, smashed and thoroughly disgusted with the damage I have done," the missive read in part.

The rapist subsequently attended Queanbeyan Police Station and confessed to investigators.

He then pleaded guilty in court after being charged with one count of sexual intercourse with a child under 10.

The victim made what Judge Colefax described as a brief but powerful statement during a recent sentence hearing.

"It is clear that she has been very substantially psychologically damaged by your criminal behaviour towards her," the judge later told the rapist.

Ultimately, Judge Colefax said the rape was a "terrible crime".

He imposed a non-parole period of five years and nine months, backdating the offender's sentence to January 2020 in recognition of time already served.

The rapist will become eligible for release in October 2025.

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