Jay Petagna, 51, jailed for shocking historic Byron Bay break-in rape
A Clarence man with a history of violence and break-ins smashed into a Byron woman’s home and raped her more than 25 years ago. DNA eventually brought him undone. WARNING: GRAPHIC
Lismore
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A Clarence Valley man with a history of assaults and break-and-enters has now been punished for a Byron Bay rape more than 25 years ago.
South Grafton man Jay Petagna, 51, faced Judge John Pickering in prison greens at Lismore District Court.
Petagna confronted a 23-year-old woman inside her home in Byron Bay on October 23, 1998 and violently sexually assaulted her, the court heard on Thursday.
This publication has chosen not to publish the most graphic details of the sickening offending.
Police state Petagna detained the woman – a stranger to him – for some time.
Tweed and Byron police did not immediately lay charges, though an investigation was carried out.
Evidence was reviewed in 2021 and Petagna was arrested at his Grafton home on May 18, 2022.
He was charged with aggravated break and enter with intent to commit a felony, aggravated sexual assault inflicting actual bodily harm and forcible abduction of a woman with intent to rape her.
Petagna broke into the woman’s home to steal and decided to “rape her violently” when she arrived at the property.
Judge Pickering said the victim “came home and took a shower” and in “what has been a horrifying experience for her, she found him naked in her bedroom, where he grabbed her”.
The woman fought off Petagna, but he shoved her to the hard floor, telling her to “shut up” and “get down”.
Petagna digitally penetrated the woman as she told him “don’t do this, my friends are coming”, the court heard.
In response, Petagna told the woman “shut the f--k up”, the court was told.
The woman pleaded for Petagna to wear a condom during the rape
“I don’t want to get sick,” she said.
Petagna forced the woman’s head into the ground so hard he caused her mouth to bleed. He then pushed and pulled her about the house.
“Take your f--king shirt off. I want to f--k you – you want it,” Petagna rambled.
Judge Pickering was clear in the court: “She didn’t want anything of this at all.”
The horrendous offending continued. Petagna tore the woman’s clothes off, forced oral sex as she pleaded for him to stop, and touched himself as he blatantly and violently ignored lack of consent.
A car pulled up outside and Petagna told the woman: “Shut up, don’t look around.”
Petagna grabbed the woman by the neck and pushed her around to turn the light off.
“Don’t look around I’ll kill you,” he threatened, before he raped the woman, failing to use protection.
“Keep your f — king face down or I’ll kill you,” Petagna warned.
Petagna told the woman to keep her head down as he dressed and left the property.
She immediately phoned police, who took her to hospital for assessment.
The woman told officers: “This wasn’t supposed to happen.”
In court, Judge Pickering said the fact the rape made worse by the lack of protection against pregnancy or sexually transmitted infections (STIs).
The judge said it appeared Petagna enjoyed humiliating the victim by raping her without protection – which was his undoing.
Petagna’s DNA was run through a database during his time as an inmate. With overwhelming forensic evidence, prosecutors went to work and Petagna was arrested about nine months later.
Judge Pickering said the woman “had a right to feel safe and protected in her own home”.
He found Petagna broke into the house with the intention of sexually assaulting the victim.
Petagna engaged in “significant’ violence for sexual arousal and gratification.
The woman suffered a range of injuries including bruising under her left eye, various cuts and bruising to her shins and knees. She was left with pain and inflammation in her neck, abdomen and other areas.
Judge Pickering said if Petagna had been caught when he was in his 20s, he would have spent a long time in prison and would not have his family.
The court was told Petagna had a good, if strict, upbringing, but was raped by one of his male schoolteachers as a 10-year-old boy, the only significant trauma.
Judge Pickering said Petagna must be punished after the lengthy delay.
“And punished significantly for it,” he said.
Petagna pleaded guilty to all charges on December 15, 2023.
He was sentenced to 10 years jail with a non-parole period of seven years and will be eligible for parole on May 17, 2029.
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