Matthew Brian Fail jailed for appalling rape on The Central Coast
A 53-year-old businessman on The Central Coast has been jailed for an appalling rape on a woman, which left the victim fearing for her life.
NSW
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A 53-year-old Central Coast businessman has been jailed for an appalling rape on a woman, which left the victim fearing for her life.
Matthew Brian Fail was sentenced in Gosford District Court on Thursday after pleading guilty to sexual intercourse without consent and sexually touching another person without consent.
Fail had been drinking with the victim in 2023 and engaging in casual conversation when the night took a sinister turn.
At about 8pm, Fail and the victim were having dinner when he said, “You’re very attractive, I would like to lick you all over.”
The court heard the victim was shocked and embarrassed by Fail’s behaviour and reminded herself that she was drunk.
Fail placed his hand on the victim’s chin and said, “Let me [perform this sex act], that’s all I’ll do, I’ll just lick it.”
The court heard the victim felt “disgusted and really uncomfortable” and did not know what to do.
Fail then tried to force his tongue into the victim’s mouth, but she held her mouth shut and tried to pull away from him.
The victim said, “No, I can’t do this, stop,” the court heard.
The court heard the victim spoke calmly so Fail would not get angry, and felt her body become stiff.
Fail then put one of his hands down the front of her shirt and assaulted her for about 30 seconds, and the victim started to cry.
He then used both hands to pull the victim’s shorts down from her waist.
He put his face near her crotch and used his hands to force her legs apart.
Fail then sexually assaulted the woman orally and despite the woman’s attempts to tell the victim she did not consent, Fail continued.
Fail then said, “You should have called the cops. What have I done?”
Later that night he approached the victim, placed his hand on her breast and sexually assaulted her again.
Fail then sexually assaulted the woman by touching her genitalia.
He began masturbating and said “What am I doing? I’m so sorry.”
The victim then texted a friend, saying, “I’m so scared.”
He tried to kiss the victim again and said he wanted to see the woman’s genitalia as he was aroused.
The court heard the woman escaped the situation and later received a message from Fail saying, “I don’t know what came over me.”
Judge Tanya Bright said courts understood the devastating consequences of sexual assault on victims, particularly that the violation of their bodies can have a long-lasting and debilitating impact on their emotional wellbeing.
Fail was sentenced to an aggregate term of four years and six months, and will be eligible for parole after serving two years and three months.
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