Linear Park rapist Aiden Harvey Driver declared uncontrollable sexual predator, ordered to be detained indefinitely by SA court

The Linear Park rapist is too dangerous and uncontrollable to be released, a court has ruled – ranking him among the worst sex criminals in SA’s history.

A notorious rapist who, having destroyed the lives of three women, still “likes” the crime “a little bit” and “thinks it’s good” has been jailed, indefinitely, as an uncontrollable sex predator.

On Friday, after a year of hearings and legal argument, the Supreme Court rejected Aiden Harvey Driver’s request to end his prison term and move to the NT.

Justice Mark Livesey also dismissed the State Government’s bid to have Driver declared a high-risk offender liable to extended supervision – going one step further instead.

He invoked Section 57 of the Sentencing Act and found Driver was “incapable of or unwilling to control” his sexual instincts, and jailed him until further order.

Aiden Harvey Driver. Artwork: Tim Ide.

“Despite extensive intervention, Driver has been unable to express any real empathy for his victims and he lacks insight into the causes of his offending,” he said.

“His is a complex case which is unlikely to be improved by further treatment or therapy.

“If released, there is a very serious risk that the respondent will again become isolated, angry and sexually frustrated, with the result that he will engage in the kind of brazen sexual offending for which he was incarcerated.”

The declaration places Driver among the ranks of SA’s worst sex criminals, alongside repeat rapist and multiple murderer Mark Errin Rust and kidnapping paedophile Colin Humphrys.

It also means he will not be released unless and until two experts agree he no longer poses a risk, under laws successfully campaigned for by The Advertiser and victims’ rights groups.

Driver, 29, has been in jail since pleading guilty to charges of aggravated serious criminal trespass, indecent assault, assault causing harm and three counts of rape.

In May 2009, he broke into a woman’s West Hindmarsh home, placed his forearm over her throat to restrict her breathing and raped her three times before fleeing.

In July 2009, he indecently assaulted a woman as she walked her dogs at Linear Park, Felixstow, and did the same to a second woman who was jogging at Vale Park.

Sex predator Colin Charles Humphrys. Artwork: Tim Ide.

Multiple murderer and repeat rapist Mark Erin Rust.

Prosecutors urged driver never be released, saying he had used “fear and intimidation” to “enforce his will” on his victims.

Despite their pleas, and two experts warning Driver was unwilling to control his sexual instincts, the court declined to detain him indefinitely at the time.

Instead, it blamed his offending on a difficult childhood and hearing problems which, it ruled, had left him “shy”.

In June last year, having completed his sentence, Driver sought to be released so he could move to the NT, prompting an urgent State Government application to block his freedom.

They said it was “positively alarming” that he told experts he still “liked” rape, meaning he poses “a 24-hour risk to women whichever state or territory they be in”.

They said doctors feared Driver could not be stopped by home detention or electronic monitoring, nor deterred by the risk of arrest.

His only fear, they said, was the traditional punishment of “being speared”.

On Friday, Justice Livesay ordered Driver be detained until further order.

“While there is unquestionably a degree of unfairness associated with Driver’s array of difficulties and disadvantage, his offending is not easily addressed or explained,” he said.

“Electronic monitoring does not represent an effective means of curbing the risk (posed by Driver) … at best, it will indicate to authorities that he is breaching the terms of an order.

“It will not prevent or inhibit further offending.”

“Driver is a high risk offender who poses an appreciable risk to the safety of the community if not supervised … it is appropriate and necessary to order he be detained until further order.”