Serial rapist Xiaodong Frank Hu says rare sexual disorder makes him want to sleep with unconscious people

One of Victoria’s most prolific rapists says his jail term should be slashed because he has a rare sexual disorder which makes him want to sleep with unconscious people. Here’s what is lawyer is arguing.

Serial rapists Xiaodong Frank Hu is appealing his 29 year jail term. Picture: Supplied

One of Victoria’s most prolific rapists who drugged, sexually assaulted and filmed his unconscious victims wants his prison sentence slashed, arguing not enough consideration was given to his rare sexual disorder.

Xiaodong Frank Hu, 40, was jailed for a maximum 29 years — believed to be the longest sentence handed to a rapist in Victoria’s history — after admitting to raping or sexually assaulting several women while acting as an immigration agent in Melbourne’s CBD.

Appearing in Victoria’s Court of Appeal via video link from Hopkins Prison on Monday, Hu argued his somnophilia disorder, which was diagnosed by a psychiatrist, was not fairly considered at sentencing.

Somnophilia, also dubbed “sleeping beauty syndrome”, is a sexual disorder in which a person is sexually attracted to sleeping or unconscious victims.

Serial rapists Xiaodong Frank Hu says not enough consideration was given to his rare sexual disorder. Picture: Supplied

Defence barrister Chris Terry conceded his client’s offending was “terrible” but his sexual disorder was so rare it moderated the need for general deterrence — a sentencing principle which aims to discourage potential offenders by punishing those who commit crime.

“This is such an exceptional disorder, and it is undoubtedly ... an exceptional example of a pretty serious offence,” he said.

“The real work that general deterrence has to do is deterring people who are inclined to commit offences of this nature and that’s a very presumably small group.

“The rigorous application of these principles, based on evidence, should have resulted in a moderate reduction in the need for general deterrence and that ... was not reflected in the ultimate sentence.”

In reply, Justice Kristen Walker said the drugging and raping of victims was relatively common whether or not the offenders had somnophilia.

“General deterrence is, I would have thought about, sending a message to everyone in the community, whether they suffer from some disorder or not that ... drugging women in order to then sexually assault them is unacceptable and will be followed by significant jail terms,” she said.

Mr Terry also argued insufficient weight was given to mitigating factors including Hu’s lack of prior convictions and early guilty plea which meant a lengthy trial was avoided.

But Justice Walker pointed out there were so many victims and rapes that the accumulation of each offence in the total sentence appeared modest.

“The applicant got accumulation of 18 months for a charge, for example, that involved 13 rapes on seven different days. (It’s) very difficult to see an issue about that,” she said.

“When one steps back and looks, it’s a very significant sentence, but that’s because it’s an incredibly significant number of individual rapes and sexual assaults and other forms of offending.”

The office where Hu’s abuse took place. Picture: Supplied

Hu drugged his victims. Picture: Supplied

Hu was jailed for 29 years with a non-parole period of 22 years after he pleaded guilty to eight rolled up rape charges that amounted to 69 rapes on 48 separate occasions against two women.

The Melbourne-based immigration agent also admitted to several sexual assault or cause injury charges against seven women, most of whom were young women on student visas employed at his Collins St office between 2016 and 2019.

Hu’s victims were left defenceless after they were rendered unconscious by drinks, including juices and hot chocolates, laced with sedatives.

One woman was drugged, raped and sexually assaulted by Hu 68 times over the course of four years.

Another almost died after she had such an adverse reaction to the drugs that she went into cardiac arrest and required resuscitation.

Disturbingly, Hu would upload his rape videos to an underground Chinese website where he coached other predators on techniques and drugs to keep people unconscious.

Sentencing Hu in May 2023, County Court judge Trevor Wraight described his crimes as “cold, calculated and repetitive”.

“Your offending involved considerable planning, multiple victims and extended over a number of years,” he said.

Court of Appeal Justices Kristen Walker, Christopher Boyce and Stephen Kaye AM reserved their decision.

With time served, Hu will be eligible for parole in 2041.

Originally published as Serial rapist Xiaodong Frank Hu says rare sexual disorder makes him want to sleep with unconscious people