Mooloolah Valley man drugged and raped his fiance’s sister after daughter’s first birthday party

A man who drugged and sexually assaulted his sister-in-law while his fiance and their children slept down the hall has changed his plea at the last minute.

Maroochydore Court House. Picture: Patrick Woods.

What was supposed to be a fun celebration of her niece’s first birthday turned into the worst night of a young woman’s life when she was drugged and raped by her brother-in-law.

A 35-year-old Mooloolah Valley man pleaded guilty to sexual assault, rape and procuring a sexual act by coercion by administering a drug on Tuesday.

The man, who cannot be named to protect his victim’s identity, changed his plea at the last minute on Friday, after the matter was originally listed for trial this week.

The Maroochydore District Court heard how the man had sexually assaulted and raped his fiance’s younger sister on the night of May 3, 2020.

The man, his fiance and her sister, then 22, had a few drinks at a Mooloolah Valley home as the family celebrated the couple’s daughter’s first birthday.

After his fiance and two young children were asleep, the man made one more drink for the victim, which he spiked with the drug zolpidem, commonly known as Ambien.

Shortly after the woman began to feel physically sick and he took her to bed in the spare room.

The court heard he kissed her on the lips before digitally raping her, while she was unable to move properly, react or express her non-consent.

Crown prosecutor Erin Kelly said throughout the night the woman had been texting a friend in New Zealand who became worried and called police to the Mooloolah Valley address.

She said police arrived early the next morning, spoke with the victim and took her to the hospital where a sexual assault investigation kit found the man’s DNA was on her lips.

A blood test about 12 to 15 hours after the assault found traces of zolpidem, and forensics concluded this meant the man had dosed her with a “higher than therapeutic” amount of the drug.

Police spoke to the man who initially denied the offending, but later lied to police and said when he put the woman in bed she had grabbed his hand and pulled it towards her vagina, and he penetrated her with his fingers.

Facing the court on Tuesday, the victim read a powerful statement about the impact the assault had on her and her family’s life.

She said her niece’s first birthday party had turned into the worst night of her life.

“He was not a stranger, he was supposed to be part of our family,” she said.

“I am a broken, traumatised 24-year-old girl … I suffer daily.”

She told the court she fears the effects of that night will be with her for life as she battles PTSD, panic attacks, an eating disorder and had self-harmed since the offending.

“I believe (he) has manipulated my sister to believe him,” she said.

“It kills me that I can’t see (her nieces) through no fault of my own … little do they know their dad is a monster.

“It hurts me that my family continue to be punished because of his action.”

The woman said it could be “unbearable” to wake up and face her new reality every day.

Defence barrister Tom Polley said his client was born in Nambour and had an “awful” start to life and a troubled childhood.

Mr Polley said the man came before court in a “horrible set of circumstances” but was otherwise of good character.

Chief Judge Brian Devereaux said the man’s guilty plea, while late, demonstrated his acceptance of responsibility for his actions.

He said there had been “very serious consequences” for the victim’s family.

“She felt her sister and your family had been a great part of her life but your actions destroyed that,” he said.

He gave the man a head sentence of four years, to be suspended after he serves 12 months.

He was sentenced to probation upon his release.