John Kakule to be sentenced next month for raping a woman in Mount Gambier
A woman has confronted her vile rapist in court, saying she lost the relationship with her brother because he chose to believe his lies over her.
Police & Courts
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A woman who was held down and raped by a married man said she lost the relationship with her brother because he chose to believe her predator’s lies over her.
John Kakule, 48, will learn his fate next month for the horrific attack after trying to claim it was a consensual affair.
A victim impact statement was read to the District Court on Tuesday by prosecutor Tomas Macura.
The victim said she lost her relationship with her brother – her only family in Australia – because he chose to believe Kakule’s lies over her.
“I know in John’s heart he knows what he did – he is too ashamed to speak the truth,” she wrote.
The victim said Kakule had forced her out of her local community due to the shame she felt.
“I will always feel shame even though this is not my fault … he took advantage of me,” she said.
“But I am OK, I am happy that I was able to tell the court my story … I will not let John decide what happens to me in the future.”
During the trial in February, the court heard Kakule had driven the victim around Mount Gambier. He took the victim to a secluded area in 2019 and opened her car door.
Mr Macura said Kakule then said: “I demanded to have sex with you at your house. You refused. I thought if I brought you here in this bush, then we will be able to do it properly”.
The court heard Kakule then attempted to pull off the woman’s skirt and underwear and restrained her so she couldn’t move.
“(The victim) tried to get her phone to call triple-0 but the accused grabbed her phone and threw it in the back of the car,” Mr Macura said.
The court heard the woman started crying and Kakule eventually stopped and told her he would never do it again before driving her home.
Two days later Kakule and the victim were at his house when he approached her.
The court heard Kakule indecently assaulted the woman after she tried to run away from him before approaching her from behind and raping her.
Mr Macura said the woman tried to fight but Kakule pushed her on to the couch and pressed against her so she was unable to move before raping her again.
The court heard after the victim reported the rape to police Kakule called her and asked her to tell police that they were dating.
“The accused told her he didn’t want to go to jail and offered to buy her a car and teach her to drive,” Mr Macura said.
Kakule was found guilty by a jury of assault with intent to rape and two counts of rape.
He argued during the trial the first incident did not happen and the rape at his house was consensual sexual intercourse.
Kakule was jailed for seven years in November 2022 for the same offending but won a retrial.
On Tuesday, Patrick Hill, for Kakule, told the court his client had been assaulted after the first trial, losing two teeth and remains “highly concerned” for his safety.
Mr Hill said Kakule, a married man with children, was determined by a psychologist to be at a low risk of reoffending and asked for a merciful non-parole period.
Judge Michael Durrant will sentence Kakule next month.