Peter Andrew Tierney, 53, jailed at Bendigo County Court for raping woman on his birthday
A Kerang dairy farmer has been jailed for raping a woman after she refused to give him a “birthday quickie”. See what happened.
Mildura
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A Kerang dairy farmer who raped a woman after she refused to give him a “birthday quickie” has been jailed.
Peter Tierney, 53, was convicted and sentenced at Bendigo County Court to 18-months in prison after pleading guilty to a single charge of rape.
Three years ago on his 50th birthday, Tierney went to the victim’s house and stood outside her open bedroom window and woke her up to ask if he “could have a quickie for my birthday”.
The court heard that Tierney then entered the house via the unlocked back door a few hours later, entering the victim’s bedroom and started stroking his exposed his penis.
The victim said “you’re getting nothing” and rolled away from him to face the wall.
The court heard that Tierney then climbed on top of the victim and assaulted her.
The victim cried throughout the ordeal while Tierney kept saying he loved her.
Tierney was arrested the following day and made full admissions to police.
The victim said in a statement that she was “lost” after the rape, with the trauma leaving her “hating all males” and affecting her relationship with her son.
“I’m not the same person,” she said.
“It preys on my mind every single day.”
The defence argued that Tierney’s offending was in the lower range, and he stopped raping her when he realised he was “hurting her” and noted that he had no criminal history.
Judge Sarah Leighfield said rape was an “invasive and deeply personal” and the maximum penalty was 25 years in prison, with a standard sentence of 10 years.
However, a psychological report revealed significant “cognitive impairment”.
The report found Tierney had “extremely low” verbal and social intelligence and was intellectually disabled.
The psychological report found Tierney was socially and emotionally immature and was prone to act on his impulses but that Tierney was at low risk of raping again, and he “doesn’t suffer from sexual deviance”.
The psychologist said Tierney’s intellectual disability would make him vulnerable to exploitation in prison.
Tierney is illiterate and his IQ of 62 only affords him the ability to perform “manual repetitive formwork”.
Judge Leighfield found Tierney to be remorseful and had shown “genuine regret”.
Due to his cognitive impairment and reduced ability to “reason through his actions” Judge Leighfield found him to be less morally culpable than the average rapist and didn’t need to make an example of him.
The court heard Tierney had lived with type-2 diabetes for 20 years, complications of which saw his big toe amputated and multiple recurring ulcers.
He requires ongoing daily care to treat ulcers on his feet and is at great risk of developing father infections resulting in further amputations.
The mitigating factors saw Tierney jailed for a relatively more lenient period of incarceration in a secure unit where he can receive medical attention.
He will be eligible for parole in eight months.