Canberra woman speaks out after 'light' sentence for rapist

In October last year, a Canberra woman went to the ACT Supreme Court to see the man who had raped her go to jail — except that's not what happened.

Warning: This story discusses sexual assault.

Yasmin, which is a name she has chosen to protect her identity, said her offender got a "light" sentence that did not deliver justice.

"I was actually in the courtroom. I had read my victim's impact statement, and when the judge handed down the sentence, I started to realise where he was going and my heart just sunk," she said.

Paul James Donnelly, 38, admitted to one count of sexual intercourse without consent and two counts of non-consensual distribution of intimate images.

Donnelly was fined $5,000 and sentenced to a 20-month intensive corrections order to be served in the community, as well as being ordered to complete community service.

In handing down the sentence, Justice David Mossop said he took into account the man's young family, autism diagnosis and guilty pleas.

"There was a discrepancy in how much attention [Justice Mossop] paid to me as the victim," Yasmin said.

"He did state that it had a significant impact on my life and he talked about how horrible these crimes can be, but I felt like he spoke more about the impact of prison time on the offender and on his family.

Fear of footage retaliation

In the aftermath of the assault in 2023, Yasmin said she had felt she would never again be safe, because Donnelly had graphic videos of her that were taken without her consent.

"I was living in a lot of fear that if I stopped talking to him or did anything to make him upset, then he would retaliate and use those images online or some other way — and I was terrified of them being shared," she said.

But an interstate trip, which put distance between her and where the assault had happened, led Yasmin to call police who "seemed really understanding and empathetic".

"They then referred me to the [Australian Federal Police] sexual crimes team and allocated an officer," Yasmin said.

"Working alongside him throughout the process, I felt lucky to get him and he really understood what I was going through."

And when officers told her they had seized Donnelly's phone and the videos, she was able to breathe easier.

DPP apologises after facts removed

Another of Yasmin's insights into the justice system came in the form of a devastating communication blunder by the ACT Office of the Director of Public Prosecutions (DPP).

Yasmin said as part of Donnelly's plea deal, sections of the police statement of facts were struck out without her knowledge.

She said important details were removed.

"Some of the ones that were dropped may not have been as serious in the eyes of the law, but to me they had a massive impact on my daily life, with flashbacks and avoiding certain things and nightmares and just horrible memories," Yasmin said.

In an email to Yasmin's lawyer seen by the ABC, the DPP acknowledged the mistake and went on to meet Yasmin and apologise.

"The director intends to send further guidance and reminders to staff to ensure that significant changes to the statement of facts are raised with victims and their views are sought in accordance with our obligations."

Yasmin said, despite this — and despite her disappointment with the sentence — she believed the prosecutors and the wider justice system were supportive and trauma-informed.

Counsellors on call

Yasmin said that during her most difficult days, she was able to call Full Stop Australia counsellors.

The national sexual, domestic and family violence response service has existed for about 50 years, with its CEO, Karen Bevan, saying support is available throughout court processes, not just in the aftermath of an assault.

"Our counsellors are really expert at helping people prepare."

Ms Bevan said the 24-hour helpline had seen a steady increase in demand for years.

The service does not record calls, and people can remain anonymous, with counsellors only keeping notes so that the same person does not have to repeat information.

"It's really important that people know there's no timeline for healing and recovery, there's no timeline where support should end," Ms Bevan said.

"We'll be here for them."

Advocates to begin police embed

ACT Victims of Crime Commissioner Juliette Ford said a pilot launching next month would see advocates from her office co-located with ACT Policing's sexual violence response team.

She said a lot of groundwork had already been done to ensure that the role of the sexual violence advocates would be "fully understood by both my office and by ACT police".

Victim Support ACT offers confidential counselling, financial support, advocacy, and it partners with the Women's Legal Centre ACT to offer legal advice and representation.

Ms Ford said a common complaint her office had received was that the justice system was unwieldy and opaque for those unfamiliar with it.

"What victim-survivors say to us is it's really important that someone has their back, that someone is able to look at what is taking place through their eyes and provide that appropriate advice, support and representation," Ms Ford said.

"[It involves] understanding what the process looks like ... what charges are being laid or what charges are not being laid, understanding if a prosecution is not going ahead and why it's not going ahead.

"There are so many things that take place when a case goes through the courts."

For Yasmin, her case was worthwhile despite the court's ruling.

"I just want to tell other victim-survivors that just because I had this [sentencing] outcome, that doesn't mean that it will be the same for them,"

Last week, frontline services supporting victims of domestic, family and sexual violence were informed they would receive a $44 million boost in next month's ACT budget.

That includes more than $18 million over four years for the Domestic Violence Crisis Service, the Canberra Rape Crisis Centre, and the YWCA.