Uni student jailed for digitally raping friend to show women will get full protection of the law regardless of intoxication

HE WAS a standout student from a “decent family”, but a judge has slammed a 21-year-old who “took advantage” of his friend and raped her.

A UNIVERSITY student will spend at least a year in jail for digitally raping a friend, to show that women will get “full protection of the law” regardless of intoxication.

Scott Braeden Belcher, 21, of the Adelaide suburb of Lockleys, had pleaded guilty to rape — five months after initially denying the charge in court — over the incident at Dulwich in October, 2013.

In sentencing on Monday, District Court Judge Steven Millsteed said the victim was “heavily affected” by alcohol after drinking with friends at a city hotel when Belcher offered to take her home.

He said that Belcher initially assisted the woman but digitally raped her three times as she slept. Digital rape is defined as penetration with a finger.

“The crime you committed was very serious,” Judge Millsteed said.

“You took advantage of a grossly intoxicated young woman.”

The woman had awoken during the assault but was still drunk and found it difficult to speak or move.

“On one of those three occasions she took hold of your wrist … and you apologised but did not stop. It was when she heard your apology that (she) realised it was you,” Judge Millsteed said.

“Days later you texted (the victim) and apologised for your conduct.”

Judge Millsteed said the women’s victim impact statement, earlier read to the court, showed that Belcher’s crimes continued to have an adverse impact upon her.

The woman said she had felt “victimised” and “blamed” after the rape as Belcher initially denied responsibility for the crime.

“You took away my power and control to inflict sexual violence on me,” she said at the time.

Judge Millsteed said the woman had met Belcher through mutual acquaintances and they were drinking together with other friends before the incident.

“Rape is an odious offence and the courts must do what they can to protect young women by the imposition of sentences that would deter such reprehensible behaviours,” he said

“Women, intoxicated or otherwise, are subject to full protection from the law.”

Judge Millsteed said it was apparent Belcher had come from a “decent family” and had been suffering depression when he committed the rape.

“It is evident from all the material before me that you are a person of previous good character,” he said.

“You strike me … as a decent human being who was off the rails for a short time.

“It is very sad to see someone like you before me.”

Prosecutors had earlier submitted they were not opposed to any jail sentence imposed being suspended as the victim’s “main focus” had always been for Belcher to take responsibility for his crime rather than be locked up.

Judge Millsteed said he accepted Belcher, who had been studying an economics degree after earning high marks at Scotch College, was a very low risk of reoffending and the crime was an “aberration” on his previous good character.

However, he said Belcher’s crime was too serious to warrant a suspended sentence and that women must be protected regardless of their intoxication levels.

Judge Millsteed sentenced him to three years, seven months and three weeks’ jail with a non-parole period of one year.