A Doveton security alarm worker has been jailed for raping his girlfriend’s younger sister after she’d requested help to get into her home.
Ibrar Hussaini, 26, was found guilty of rape and two counts of sexual assault by a County Court of Victoria jury in March 2022.
In March 2019, the victim, a 19-year-old nursing student on holiday from overseas, messaged Hussaini for help after accidentally locking herself out of her sister’s house in Narre Warren South.
She and Hussaini were alone when he unlocked the house and she rejected his offer of a massage.
He then lifted her up, carried her towards a sofa and raped her on the floor.
After being confronted by his girlfriend hours later, Hussaini attended Dandenong police station to say he was about to be accused of rape and wanted to make a statement.
In his denial to police, he claimed the sex was consensual but gave no further comment, sentencing judge Sandra Davis said on 31 May.
After he was charged in late 2019, he told the victim’s cousin that the victim had been curious about sex.
He gave her a massage and it led to the consensual act, he had claimed.
Judge Davis said the jury rejected Hussaini’s version of events, instead believing several witness testimonies, mobile phone records and a “powerful” victim impact statement.
In her statement, the complainant said her life had completely changed and was in “constant hell” since the attack three years ago.
She suffered suicidal ideation, depression, anxiety and flashbacks. She felt “ruined” and “not worthy of living anymore”.
Judge Davis noted the attack was “devastating” to the victim both psychologically and socially.
The victim had been forced to endure cross-examination during trial, while Hussaini showed no evidence of remorse.
He’d taken advantage of her needing to get inside her sister’s house, he’d physically overpowered her and put her at risk of an STD by not using a condom.
In mitigation, Judge Davis noted the Hussaini’s profound childhood trauma and violence, as well as his prior good character.
A Hazara refugee who was born in Pakistan, he fled from persecution to Australia by boat after his brother and father were killed by terrorist bombings.
Arriving at Christmas Island, he’d languished in detention for four years until released on a safe haven visa.
He required therapy for PTSD, adjustment disorder and a major depressive disorder, making him likely to suffer greater than most in prison, Judge Davis noted.
He was also facing an uncertain future in Australia.
His rehabilitation prospects were “reasonable”, with his “admirable” recent completion of an Advanced Diploma of Legal Practice and his marriage this year.
Hussaini was jailed for up to seven years, with a non-parole period of five years. It was less than the standard sentence of 10 years.
He was not registered as a sex offender given he was unlikely to be a risk to the public.
