Tyson Alexander Ellul sentenced after Kingaroy rape trial

A judge has rebuked the actions of a young Brisbane rapist who he said, “only stopped because a witness disturbed him”.

Tyson Alexander Ellul, 22, was found guilty of rape over a disturbing attack on a woman he met at a Kingaroy pub. Picture: Facebook

A Brisbane man who led a vulnerable, intoxicated woman to a secluded spot and brutally raped her on a car bonnet will spend at least two years in jail.

Tyson Alexander Ellul was 18 when he met the woman who Kingaroy District Court heard was too drunk to consent to sex but still subjected to a vile act anyway.

Following a four-day trial, a jury found Ellul, now 22, guilty of rape on Thursday and he was sentenced on Friday for “penetrating her anus” in a secluded spot, causing tearing and bleeding.

Crown Prosecutor Sarah McCray previously told the court the pair had met at the Kingaroy Hotel one night in 2020, where Ellul was out with friends.

“He began flirting with her. (The victim) remembers playing pool together,” Ms McCray said.

Tyson Alexander Ellul was convicted of rape at the Kingaroy District Court following a four-day trial.

“The next thing she remembers is waking up in the Kingaroy Hospital with a sore bottom.”

During sentencing, Ms McCray said Ellul continued to lie during the investigation, which the judge deemed as “strong” evidence against him.

“(He) immediately tried to distance himself from the scene and from being alone with the complainant, both through the lies he told her immediately afterwards and in the lies and different versions of events he gave to the police when he was interviewed a couple of weeks later,” Ms McCray said.

Before delivering the sentence, Judge Smith said the “facts were clear” and the jury’s verdict was “very well founded.”

“You and she were flirting with each other; however, I find she lacked cognitive capacity to consent at around 1am,” he said.

Judge Smith outlined how Ellul had pushed the victim down the road to a service station.

“You formed a plan to have sex with her regardless of her consent. You took her to the car in King Street, put her on the bonnet, pulled down her jeans, and anally penetrated her with your penis.”

While he now lives in Brisbane, Ellul grew up at Nanango and continues to be a “very good football player”.

A doctor who testified during the trial indicated there was evidence of a “penis or larger object” due to a “tear to the anus” that caused bleeding.

“There was your DNA located on her underwear and jeans, consistent with you pulling them down,” Judge Smith said.

“Clearly, it was you, and there was anal penetration.

“Her level of intoxication was such that she wasn’t able to give free and voluntary cognitive consent.”

The evidence, including CCTV footage, medical records, witness testimonies, and a text message Ellul sent to the victim the next morning, describing her as being “f---ed,” supported the victim’s level of intoxication, Judge Smith said.

“The defendant’s conduct preyed on that vulnerability … he took her to a secluded area,” he said, noting Ellul only stopped because a witness, who later testified during the trial, disturbed him.

Ellul was supported by his partner who shed tears in and outside court.

Although the victim declined to give an impact statement, Judge Smith acknowledged the rape would have caused her “significant emotional distress and pain.”

In sentencing, Judge Smith took into account the time it took to bring the case to trial, Ellul’s clean record both before and after the offence, his age, and character references submitted by the defence.

“I think this is out of character. Ultimately, I cannot ignore the seriousness of the offence,” Judge Smith said.

“I think you did prey on her.”

The court heard Ellul had graduated from Nanango High School, maintained a good work history, and was a “very good football player.”

Judge Smith sentenced Ellul to five years in prison, to be suspended after two years and three months.

He encouraged Ellul to take up a job in prison and participate in courses, noting his “good prospects of rehabilitation.”

Ellul’s family and partner were emotional as they were allowed to say their goodbyes before he was led away.

One of the jury members also returned to court to watch the sentencing.