Survivors of Epping rapist Gregory Richardson want NSW laws to change
Assault survivors are speaking out on ‘grossly unfair’ laws helping sex predators get lenient jail terms by forcing judges to stick to outdated sentencing practices. WARNING: Graphic content
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
WARNING: Graphic content
Three women who were brutally attacked by a sick serial rapist are sharing their horror stories in a bid to change “woefully inadequate” NSW sex assault laws forcing judges to use outdated sentencing practices on predators whose crimes were committed decades ago.
Gregory John Richardson pleaded guilty to raping two women and indecently assaulting two others in the Epping area between 1989 and 2007.
His offences against a 15-year-old girl and another teenager a few months older who had just turned 16 — both with near-identical experiences at his hands — were treated vastly differently when it came to Richardson’s sentencing.
An infuriated judge slammed the “strange” legislation he was hamstrung by when handing down his penalty.
Originally, Richardson, dubbed ‘The Epping sex predator’, was charged with more than 30 sex-related offences against 15 females.
The majority were dropped by the Department of Public Prosecutions (DPP) — including five rapes — limiting the case against him to just five charges.
Judge Peter Berman SC sentenced the 53-year-old in the District Court to a maximum of 10 years in prison, to be eligible for parole in seven, at the October 2020 hearing.
The tow truck driver who lived his life as a free man until he was caught at 51, could be released in five years, taking into account time spent in custody.
A formal request by prosecutors to appeal the lenient sentence was knocked back by the DPP this week.
The department refused to comment on the decision when contacted by The Telegraph.
At the sentencing, Judge Berman slammed out-of-date legislation requiring him to use historical sentencing practices regarding offences against two females, aged 16 and 25, and current penalties for the two girls under 16.
In 2018 after the Royal Commission Into Institutional Responses to Child Sexual Abuse, Attorney-General Mark Speakman introduced reforms so paedophiles would get tougher sentences in regards to historical offences.
But the commission overlooked taking the same sentencing measures on historical sex offences perpetrated against teenagers and victims aged 16 and over.
“For reasons which completely escape me, previously the law was that when people were being sentenced for old offences, judges had to have regard to the sentencing practices at the time the offences were committed,” Mr Berman said at the sentence hearing.
“Fortunately parliament has corrected that error, but strangely have only done so in cases of child sexual assault. The error is perpetuated when people over 16 were sexually assaulted some time ago. It’s woefully inadequate.
“Nevertheless, that is the law and of course I will apply it.“
Mr Speakman told The Telegraph he would seek advice about reforming the laws.
“Sexual assault is an horrific crime that has devastating and lasting impacts on victims,” Mr Speakman said.
“The Royal Commission did not consider or make recommendations about sentencing for historical sexual offences against victims older than 16 years. I have asked the Department of Communities and Justice to advise on the issues raised by Judge Berman in his sentencing remarks.”
Rachel Shadbolt was 16 when she lost her innocence to Richardson, half on a nature strip and half in a gutter, on Murray Farm Road in Beecroft in 1989.
The dental nurse was walking home from a karate class in the evening when she noticed a shadow behind her. Before she could act, Richardson grabbed her around the neck and threw her to the ground.
He covered her face with her top and put his hand over her mouth before raping her.
“The fear was the biggest part. I was so scared, I thought I was going to die. He threatened to kill me if I told anyone,” Ms Shadbolt remembered.
Her life changed from that night. Her long-term relationship ended shortly after. She was afraid to leave home and could not work. She turned to alcohol and drugs to suppress the memories.
Her fear became so bad she left the state and moved to regional Victoria, so her mystery attacker would not know where she lived.
That was more than 30 years ago — but the mother-of-two who is now aged 48 has “permanent mental scars” from that night.
She said it was “grossly unfair” Richardson was sentenced as if she was an adult when he attacked her.
“I was 16 and five months. I still consider that a child. You can’t vote in this country until you’re 18,” Ms Shadbolt said.
“The sentence he was given does not reflect the laws and how seriously we now take sex assault offences. I find it horrendous. I never want anyone in a similar situation to feel their experience doesn‘t matter.”
Ms Shadbolt also criticised Richardson’s overall sentence saying it re-traumatised her and the other women.
“I was grateful he was taken off the streets, but the trauma of going through that again with the sentence he got was worse than going through it at the time,” she said.
“Myself and other victims have gone through this trauma of reliving the whole thing again — and it feels like it was for nothing.”
Ms Shadbolt, along with Emma Collins and Molly-Kate Wilson, have given The Daily Telegraph permission to identify them.
Emma Collins was 15 when she was raped by Richardson while walking home from Cheltenham Train Station.
Similarly, he grabbed her from behind, tied her hands behind her back and covered her face with his denim jacket.
Ms Collins never saw his face, but he said he knew her, which tormented her each day she left home. She agreed Richardson should have been sentenced on current laws for Ms Shadbolt’s ordeal.
“Our attacks were so similar. It doesn’t make sense that the judge wasn’t given the same sentencing options,” Ms Collins said.
“But even though he had the option of dealing a tougher sentence in my case, it was still dismal.”
A maximum sentence of 20-years in jail could have been imposed on Richardson for the terrifying attack. But he only got six, which left her feeling deflated.
Ms Collins’ partner, who she has been with since the attack, stormed out of court at the sentence and yelled “bulls***”.
“We have suffered every day for years. And we were all re-traumatised through the court process. The sentence felt like it was all about him and his past issues,” Ms Collins said.
“But I do feel stronger and more resilient, and although the sentence was insufficient for the crime, we can’t forget that a serial sex offender now has a name, a face and is behind bars. And he will be monitored closely upon release. That’s still a win.”
The defence argued Richardson was sexually assaulted by his father during primary school, which led to his offending.
Mr Berman also took into account Richardson’s post-traumatic stress disorder.
The defence said he could not remember attacking the victims and was likely psychotic at the time.
Molly-Kate Wilson was walking home from her casual job in Cheltenham, wearing her school backpack, when she was startled by a naked Richardson in broad daylight on Sutherland Rd in April 2003.
He disgustingly licked her face and proceeded to molest the 14-year-old on the street.
Ms Wilson, 31, does not believe Richardson was “psychotic” at the time.
“He was calculated. I saw his face. He knew what he was doing and was not psychotic,” Ms Wilson said.
She tried to take her life following the incident and suffers ongoing mental issues.
Ms Wilson said Richardson’s arrest was like “winning the lottery” but she too was left reeling after the sentence outcome.
“There needs to be changes to the sex assault laws. To fix the issue with Rachel’s sentence, but also to ensure stronger penalties. It’s like our experiences were dismissed by the judge and he was seen as the victim,” Ms Wilson said.
For national sexual assault support contact 1800 RESPECT on 1800 737 732.