Alaa Hassan Kharif pleads guilty to raping sleeping woman in Surfers Paradise

A man who raped a woman after she fell asleep at his home claims he believed at the time that his victim was consenting, a court has been told. WARNING: Distressing content

A man who raped a sleeping woman in his Gold Coast home claims he believed at the time that she was consenting, a court has been told.

Alaa Hassan Kharif knew of his victim before running into her while she was out with friends at about 3am on August 29, 2021.

Southport District Court was told the woman was one of several people who ended up at Kharif’s Surfers Paradise home, where she eventually fell asleep on the couch next to a friend after a night of heavy partying.

It was heard she woke up to Kharif raping her in his bed.

The woman was initially disoriented and confused but soon managed to flee.

The court was told that when her friend went back into the bedroom to retrieve her belongings, they found a crying Kharif on the floor with his head in his hands.

His victim reported the rape to police that morning.

It was heard Kharif told the woman later that day that he regretted what had happened and “didn’t mean to push (himself) onto (her)”.

He also told police he thought the woman was “moving like she was awake” and at times seemed to be reacting to his touch while in bed, with CCTV footage from earlier in the night showing Kharif walking with his arm around the woman or the pair briefly holding hands.

Kharif’s guilty plea to the rape charge was on the basis that he held an honest but mistaken and unreasonable belief that his victim was consenting, the court was told.

The 27-year-old’s parents and other supporters watched on in the courtroom gallery.

A psychological report submitted in court attested that Kharif was a low risk of further sexual offending and that he would suffer more than most while in jail, due to mental health concerns including an indicated diagnosis of complex post-traumatic stress disorder.

The court was told Kharif came to Australia as a refugee and lived here on a permanent residency visa, which would be cancelled and leave him at risk of immigration detention or deportation upon his release from jail.

Chief Judge Brian Devereaux said it was clear from the woman’s victim impact statement that the rape had long-term effects on her, including psychological and financial burdens.

“What happened to her – what you did to her – affects the way she can deal with people in social circumstances and in work,” Judge Devereaux said.

He said he accepted Kharif was remorseful and appreciated the seriousness of his offending.

Kharif was sentenced to five years’ jail with parole eligibility from July 3, 2025.