Townsville District Court: Dennis Vivian Messa sentenced for rape of woman on Flinders Street

A tradesman who raped a woman in public in an ‘utterly disgraceful’ assault as cars drove by has watched the disturbing video as it played in court. WARNING: Distressing

Townsville District Court: Dennis Vivian Messa sentenced for rape of woman on Flinders Street. Picture: Shae Beplate.

Cars and taxis could be seen driving down a busy street on CCTV, before a man approached an unconscious woman, looked around for witnesses and then raped her.

The disturbing footage which was played to Townsville District Court on Monday morning, depicted Dennis Vivian Messa bending down in front of a woman, who then unzipped his denim pants and forced his penis into a woman’s mouth.

Crown prosecutor Monique Sheppard who played the footage said the woman had been drinking around the CBD before she passed out on a concrete bench late at night on Flinders Street west, February 3 last year.

The 49-year-old man who was dressed with a cap approached the woman and shoved her multiple times, looking both ways down the street as she remained unconscious, as he sat in the dock he showed no reaction to watching the video.

“He went to some effort to ensure she was unresponsive,” Ms Sheppard said.

“He ensured he was committing it against someone vulnerable, a stranger and he’d done it in such a public way. It’s utterly disgraceful conduct.”

In the video after the man had knelt down a number of times, the woman could be seen to move before she sat up and the police arrived, with the man attempting to hug her.

The crown said people who had driven past the man along with workers who had been monitoring the CCTV contacted police.

Ms Sheppard told the court the woman didn’t realise the extent of the offending until recently when she watched the footage for herself.

“Naturally she felt sick and disgusted, she felt dirty,” the crown said.

Defence barrister Michael Hibble instructed by Rennick Lawyers told the judge they would be shocked to know Messa who worked as a fitter and turner by trade was a father of four, which included two girls.

“He has a significant alcohol problem which goes hand and hand with violence,” Mr Hibble said.

“When sober and actually reflecting, he’s got significant insight.”

The lawyer submitted a letter of apology written by the defendant.

“You will see he’s quite articulate and is able to write effectively,” Mr Hibble said.

“This is a crime of opportunity, there is no position of trust but the courts have to protect people.”

Judge Deborah Richards told the man she was considering a term of imprisonment of up to six years, which his lawyer argued was too long and claimed “there was no violence” involved in the offence.

“I’d say sticking your penis in someone’s mouth is pretty violent,” Her Honour replied.

When handing down a sentence Judge Richards had to consider that the man spent 793 days behind bars already, as well as his previous convictions of violence against women charges.

Messa pleaded guilty to rape.

He was sentenced to six years jail with an immediate parole eligibility date as the 793 days in pre-sentence custody was declared as time served.

“Whether they give it to you or not is a matter for the parole authorities,” Her Honour said.

Originally published as Townsville District Court: Dennis Vivian Messa sentenced for rape of woman on Flinders Street