A former University of Western Australia law student who initially avoided being sent to prison for sexually assaulting a woman on Rottnest Island during end-of-exam celebrations has been jailed for more than three years by the state's highest court.
Luigi Rayapen walked from court in December last year when he was given a two-year suspended sentence for offences of sexual penetration without consent and aggravated indecent assault.
Rayapen had pleaded guilty to the two charges, but his admission came more than two years after the offences, and on what was supposed to be the first day of his trial in the District Court.
The WA Court of Appeal today said the suspended sentence was "manifestly inadequate".
Three Supreme Court judges unanimously ruled Rayapen must serve an immediate jail term.
Rayapen wept in the courtroom as the new sentence was read out by Chief Justice Peter Quinlan.
He has been sentenced to 12 months in jail for aggravated indecent assault, and three years and three months for sexual penetration without consent, with the sentences to be served concurrently.
Rayapen must serve at least one year and seven months behind bars before being eligible for parole.
Outrage over suspended jail term
The crimes were committed on Rottnest Island in the early hours of July 1, 2020, when Rayapen was sharing a bed with the victim and another male student.
The court was told the woman repeatedly told Rayapen to stop and kept pushing his hand away, but he persisted until she managed to grab him around the throat, and he backed away.
In deciding not to impose an immediate jail term, the sentencing judge said he had chosen to show mercy to Rayapen, whom he described as having remorse "at the highest end".
But the suspended term provoked public outrage and state prosecutors, who had called for Rayapen to be jailed, immediately lodged an appeal.
It was heard last month by the three Supreme Court judges, who questioned Rayapen's level of remorse and the finding by the sentencing judge that it was at the highest level.
One of the appeal judges, Justice Robert Mazza, described it as "an extraordinary finding", saying on his reading of the case, Rayapen's remorse "did not strike him as the highest".
Rayapen accused of 'false narrative'
Prosecutor Lindsay Fox SC also drew the appeal court's attention to comments made by Rayapen to a psychologist in which he falsely claimed the victim had "led him by the hand to a room" where "we kissed".
Mr Fox said that had showed Rayapen was trying to minimise his wrongdoing.
"He was prepared to give a false narrative after he had already pleaded guilty," Mr Fox submitted.
"His behaviour in the two years [after the offences] was irreconcilable with any remorse being deep."
Rapayen, who sat in the back of the court during the appeal hearing, was represented by Julie Condon KC, who maintained her client had shown a degree of genuine remorse.
She highlighted a so called "pre-text call" in the weeks that followed the offending, when the victim called Rayapen, with the assistance of police.
Ms Condon said in that phone conversation, which was recorded, Rayapen told the woman he felt guilt and shame, and wished he could go back and change things.
