Tendai Dube: Moggill man sentenced for rape at party of 16yo girl

A Brisbane man who raped a semiconscious 16-year-old girl at a party when he was aged 18 reported himself to police recently, a court has heard.

A Brisbane man who raped a semiconscious 16-year-old girl at a drunken party nearly a decade ago will serve his sentence entirely within the community, after receiving leniency for reporting the crime himself to police, among other considerations.

Moggill man Tendai Dube, 26, pleaded guilty in Brisbane District Court on Friday to one count of rape, which occurred at a Brisbane outer-west address on October 4, 2012.

The court heard the incident occurred during a drunken party involving 10-12 attendees all ages between 16-18, with Dube aged 18.

At one point during the night, the victim, feeling “tired and sick” from the consumption of alcohol, retired to a bedroom and fell asleep.

Moggill man Tendai Dube, 26. Picture: Alex Treacy

She was woken by Dube, who told her to “get up” and began kissing her on the lips before pulling her legs to the edge of the bed, removing her pants and raping her with his penis.

Dube “voluntarily ceased” the rape when the victim began violently resisting and pushing Dube in the chest, telling him to get off, the court heard.

The victim told a friend at the party, who then made Dube apologise to the girl, and he seemed “genuinely remorseful”.

The matter would not have been reported but for the fact Dube sent his victim messages in January last year, saying what he did “eats me up”, the court heard, to which she detailed the effect the assault had on her, which was expounded on in her victim impact statement, tendered to the court.

She said she felt “disgusting and devalued”; she was consumed by “self-loathing” and had suffered significant mental illness; she felt a need to “protect” people, especially her mother, and so felt unable to report the matter; she turned to alcohol after being unable to form meaningful relationships with men; she hadn’t worn a dress or skirt since the rape; and that she gave up on her dream of being an actor, finding herself unable to pursue roles involving intimacy with men.

On January 3 last year, the court heard, Dube phoned triple-0 to report his rape nine years prior.

During a police interview on February 17, Dube admitted to attempting to rape the woman, but could not recall penetrating her, although he said it was “disgusting and he was ashamed if it was true,” the court heard.

Defence counsel Damien Gates told the court his client was born in Zimbabwe and attended school in the Logan region.

He said Dube had a traumatic childhood in Zimbabwe and after the offending was diagnosed with late-onset schizophrenia for which he was seeking treatment with a psychologist and psychiatrist and was medicated.

Mr Gates also noted his client had no criminal history, but for a minor matter committed the same night of the rape for which he was given a good-behaviour bond and had no conviction recorded.

Judge Michael Burnett said ordinarily Dube would be looking at a head sentence of 4-5 years with actual time to be served in custody.

However, due to Dube’s significant mental health issues, his lack of other criminal history, his expressions of genuine remorse evidenced by him reporting himself, and his extreme youth at the time of the offence, Judge Burnett sentenced Dube to three years’ imprisonment, suspended immediately for a period of five years.

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