Kevin James Brougham sentenced for rape in Adelaide CBD

A homeless man who took advantage of a woman who stopped to buy him lunch has been jailed for raping her in a daylight attack caught on CCTV.

A homeless man who “shamelessly exploited” an unconscious woman, raping her in the middle of the city after she offered to buy him lunch and wine, has been jailed for almost 4½ years.

Kevin James Brougham, 50, accepted help from the woman who bought him a Vietnamese roll and a bottle of wine in February 2020.

He pleaded guilty to charges of indecent assault and was found guilty at trial by judge alone of rape and attempted rape.

In sentencing, Judge Ian Press said the victim had shown him “nothing but kindness and compassion” when she found him near the Sir Samuel Way building on Victoria Square wrapped in a sleeping bag and drinking a bottle of wine.

“You, however, put your interests firsts and took advantage of her when she was vulnerable and needed protection,” Judge Press said.

After the pair sat and talked at the entrance of a Mill St carpark, Brougham made an advance towards the woman who “struggled and resisted”.

“Her reaction to you touching her could not have left you in any doubt that she was not interested in any sexual activity with you,” Judge Press said.

“You, however, repaid her kindness by not having any regard to her wishes or her right to say no to you.”

Sir Samuel Way District Court building Picture: Dean Martin

He said the woman lost consciousness soon after and was unresponsive.

“You then shamelessly exploited her inability to defend herself,” Judge Press said.

He said Brougham was “grossly intoxicated” at the time but clearly able to function “better than most” at that level given he was “willing to molest her in broad daylight and only metres from a road”.

Judge Press said Brougham sexually assaulted the women, then waited an hour and raped and attempted to rape her while she was still unconscious.

He said people from a nearby office approached, concerned for the woman, and called an ambulance. Police viewed CCTV, discovering Brougham’s offences and arrested him.

In a victim impact statement read to the court during an earlier hearing, the woman described feeling “dirty, violated, ashamed and shocked” after the attack.

Her suffering was exacerbated because she had to undergo screening for diseases.

Judge Press said he rejected an explanation that Brougham was an incompetent alcoholic awkwardly expressing affection.

Instead, he said his actions were “selfish and self-centred” deliberate and intentional acts of sexual violence, which were “committed for the sole purpose of gratifying yourself”.

Judge Press said Brougham began drinking when he was eight due to his traumatic childhood.

He jailed Brougham for 6½ years with a non-parole period of four years and five months.