Daniel Boone: Brit to be sentenced over “stealthing” rape

A British national was depressed, drinking and using sex as a coping mechanism before being charged over the “stealthing” rape of a woman.

A British national found guilty of a “stealthing” rape was self medicating at the time and using alcohol and sex to cope, a court has heard.

Daniel Andrew Peter Boone, from Kingsford, appeared before Gosford District Court on Friday where his sentence hearing was held before Judge Donna Woodburne.

Boone, who is on bail, appeared in his defence lawyer’s office via audio visual link supported by his current partner.

Earlier this year a jury found Boone guilty of one charge of sexual intercourse without consent.

The offence involved Boone, 25, “stealthing” a woman in Stanmore in May 2020. Stealthing is the common term referring to the act of removing a condom without consent.

Daniel Peter Andrew Boone, pictured, who was charged with rape after "stealthing" a young woman.

Boone’s defence lawyer stated he had no criminal history, was a young man at the time of the offence and had suffered mental health issues.

He said Boone didn’t have much support at the time of the offence and was suffering depression.

“He was drinking, self-medicating and using sex as a coping mechanism,” he said.

“His error of judgment was only a short period of time … the offender was reckless to the victim’s consensuality. He says he has come to terms with the jury’s verdict and was disgusted in himself. There are some expressions of regret.”

However, he said there was no planning for the offence and it took place during consensual sexual intercourse which was “a passionate and pleasurable experience” before Boone removed the condom.

Daniel Boone, pictured, had been in Australia for a number of years before the offence.

His defence stated that he had taken steps to rehabilitate, been abstinent for a period of time and had just returned to social, responsible drinking.

He said a term of imprisonment would be disproportionate to the “acute and impulsive” offence and asked for Judge Woodburne to consider a community corrections order with community service hours.

He said Boone “had the capacity to remould himself at this junction in life”.

The Crown Prosecutor said with no plea of guilty ever entered there was no “statutory remorse” in the case.

Boone’s sentence hearing was held at Gosford District Court. Picture: David Swift

“He knew that she wasn’t consenting because she insisted on the wearing and the reapplication of the condom,” he said.

He said a community corrections order would fall short of addressing the issue of deterrence for this type of offence as well as the harm done to the victim.

“She has suffered real and enduring harm in this matter,” he said. “No other punishment other than imprisonment is warranted,” he said.

Judge Woodburne adjourned the case for sentence on September 9.