Kegan Lance Auld, 20, pleads guilty to one charge of rape

A Brisbane man who pleaded guilty to rape after initially telling police he thought his sleeping friend was consenting to the encounter has been given a prison term, but is unlikely to spend time behind bars.

A Brisbane nursing student who snuck into his friend’s bedroom and raped her as she slept has walked free from court after narrowly avoiding jail time.

Kegan Lance Auld, 20, was a guest at the woman’s home in December 2020 when he went into her room in the early hours of the morning and digitally penetrated her as she slept.

When interviewed by police about the incident days later, the then-18-year-old Auld claimed he believed his sleeping friend was consenting to the encounter.

Auld pleaded guilty to one charge of rape in the Brisbane District Court on Thursday.

Crown Prosecutor Ryder Reid said on the night of the assault, Auld had been staying with the victim and her roommate.

The two women went to sleep in the same bed but in the early hours of the morning, the victim woke to find Auld in the bed.

“The next thing she remembers is waking up just before 4am to the defendant lying on her with a number of his fingers inside her vagina,” Mr Reid said.

“She felt a sharp stabbing pain, she was paralysed, and found this very confronting.

Kegan Auld leaves the Supreme Court after pleading guilty to a charge of rape. Picture: David Clark

Mr Reid said the woman was “panicked and distressed”.

“She pushed the defendant’s hand away from her vagina and opened her eyes fully, at which point the defendant desisted and went outside the house where he remained,” Mr Reid said.

The woman reported the incident to police who interviewed Auld days later.

He admitted to the interaction but denied the woman did not consent and said he believed she was awake.

“To be clear, the complainant was not awake and the crown does not accept this,” Mr Reid said.

Defence barrister Kim Bryson said Auld had been an 18-year-old nursing student at the time of the incident but he dropped out after the course went online due to the pandemic.

She said Auld had worked at McDonald’s until three months ago and he had also been employed at a coffee shop for the past six months.

She said Auld came from a loving home, he had family support, and his long-term goal was to pursue qualifications to operate heavy machinery.

A psychiatrist’s report noted Auld had symptoms consistent with an adjustment disorder, appeared to be a person lacking in self-confidence and had an underdeveloped understanding of sexuality and relationships.

Ms Bryson said the report identified a number of factors that contributed to Auld’s belief the victim was consenting and that he was confused in his interpretation of the social situation between the two.

Judge Katherine McGinnes said the psychiatrist believed Auld’s remorse and shame were “genuine” and that he had a low risk of recidivism.

“This is very serious offending,” she said.

“It involved penetration of the complainant in the sanctity of her home where she is entitled to feel safe. Not only that – she was a friend of yours who would be expecting you to treat her in a respectable way.”

Auld was sentenced to 2.5 year’s imprisonment suspended immediately for an operational period of 2.5 years.