Man jailed for raping drunk friend on her 18th birthday at home in Elizabeth area in Adelaide’s north

It was meant to be a night of celebration – but an 18-year-old girl woke to her friend of five years committing a horrific act, with a court hearing he blamed his autism.

A young man has been jailed after a jury found he raped a sleeping and intoxicated friend on the night of her 18th birthday party.

The man, now 25, appeared in the District Court in front of Judge Michael Durrant for sentencing on Monday after being found guilty during a jury trial of two counts of rape.

Judge Durrant accepted the “gross breach of trust” had occurred after the victim went to bed following her 18th birthday party at her Elizabeth North property in 2020.

The man was sentenced in the District Court on Monday. Picture: NCA NewsWire / Naomi Jellicoe

“At the party, (the victim) drank a lot and became heavily intoxicated,” he said. “You noticed she was very drunk and while you were also drinking, you were more sober and took it upon yourself to look after her. (She) was struggling to walk unaided.

“(The victim) later woke up in her bed. She was on her back and you were on top of her … (She) then said ‘no’ several times. You did not stop.

“In this case you were a friend to your victim and this offending was a gross breach of her trust. You told police you were looking after her that night but you did not do that. Rather, knowing she was severely intoxicated, you took advantage of her vulnerability for your own sexual gratification.”

The victim was 18 years old when she was raped.

The court heard the man had been in a previous relationship with another woman he met online who had asked him to have sex with her while she was asleep.

He had denied her request because he “was not comfortable doing that”.

On Monday, Judge Durrant noted the prosecution had accepted the man, who is autistic, had impediments in terms of reading “social and sexual signs”.

“I have slightly moderated those sentencing conditions, as it is the case that your ability to understand, interpret or pick up on social cues affects all circumstances of your life,” he said.

“That impairment existed in this case, regardless of any intoxication you may have experienced. I accept that, in that respect, there is a realistic link or nexus between your mental impairment and this offending.”

Judge Durrant sentenced the man to four years in jail with a non-parole period of two years. He will be eligible for parole in 2027.

Originally published as Man jailed for raping drunk friend on her 18th birthday at home in Elizabeth area in Adelaide’s north