Rapist Scott Braeden Belcher, who abused a sleeping, ill friend, loses appeal

A UNIVERSITY student who digitally raped a sleeping, ill friend and was jailed to show all women deserve the “full protection of the law” has failed in his appeal bid.

Courts. Scott Belcher facing rape charges at the District court.

A UNIVERSITY student who digitally raped a sleeping, ill friend and was jailed to show all women deserve the “full protection of the law” has failed in his appeal bid.

In a unanimous decision on Wednesday, the Court of Criminal Appeal rejected Scott Braeden Belcher’s attempt to overturn his prison term.

In the lead judgment, Justice Trish Kelly said the District Court’s refusal to suspend Belcher’s one-year non-parole period was not an error, regardless of his prior good character.

“It is a very regrettable matter to see a young man with no prior record serve a prison sentence,” she said.

“However, the offence of rape is one of the most serious offences known to the criminal law.

“The decision of the sentencing judge does send a strong message of both personal and general deterrence and there is no proper basis for this court to interfere.”

Belcher, 21, of Lockleys, pleaded guilty to one count of rape over an incident at Dulwich in October, 2013 — a time during which he was suffering from depression.

His victim was a female friend, 18, whom he found asleep on a sofa bed, where she had fallen asleep after becoming physically ill from drinking.

The District Court heard Belcher sent the woman an apology SMS text message two days after the rape, but then denied responsibility for the next 18 months.

In her victim impact statement, the woman told Belcher he had taken away her right to make her own decisions and “put your needs above mine” to get “what you wanted”.

Judge Stephen Millsteed jailed Belcher, saying rape was “odious” and women deserve “the full protection of the law”, be they “intoxicated or otherwise”.

Belcher filed an appeal but, in their judgment on Wednesday, Justices Kelly, Malcolm Blue and Kevin Nicholson dismissed his claim that he should have received a suspended sentence.

“It must be acknowledged that the sentencing judge in this case was faced with a very difficult decision,” Justice Kelly said.

“On the one hand there was a young man, psychologically impaired, alcohol affected and suffering from depression.

“On the other hand there was an 18-year-old woman who was very intoxicated and ill, who had placed trust in her friend ... that trust was abused.”

She said it was clear Judge Millsteed had properly balanced those considerations when setting Belcher’s sentence, and the court declined to alter it.

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