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Man convicted of raping unconscious woman in Moil's Butters Park given six year sentence

The woman was attacked in Butters Park in the Darwin suburb of Moil. (ABC News: Tristan Hooft)

A man has been sentenced to six years in prison over the "callous" rape of an unconscious woman in a park in Darwin's northern suburbs.

Warning: This story contains details of a sexual assault which some readers may find confronting.

The 29-year-old man, who cannot be named to protect the identity of the victim, pleaded guilty last week to one count of sexual intercourse without consent over the attack in Butters Park in Moil last year. 

Justice Judith Kelly told the Northern Territory Supreme Court the man met the woman for the first time as a part of a group of people who were drinking near the Moil shopping complex on the afternoon of April 11. 

The woman became heavily intoxicated and at one point fell over as she was trying to stand up.

While the victim was on the ground, the court heard the man tried to kiss her but she pushed him away.

The court heard the man did not know the victim, who was part of a group of people drinking in the park. (ABC News: Che Chorley)

He later lured her away from the group with the promise of more alcohol and led her to the park, at which point she lost consciousness.

He then raped her while she remained unconscious, in what Justice Kelly described as a "brazen" attack. 

"She was not talking, she was not moving and she was in fact unconscious," Justice Kelly said.

"You targeted her, a very, very drunk woman and you separated her from other members of the group."

Justice Kelly said three separate witnesses interrupted as the man was carrying out the attack, including one who began filming, causing the man to unsuccessfully attempt to re-dress the victim before running away.

"You left that poor woman in a humiliating position, naked from the waist down in public," she said.

Two of the witnesses remained with the woman and assisted her until an ambulance arrived.

Justice Kelly said the woman was "acutely distressed" upon arrival at the hospital and has been too scared to return to Darwin since the attack.

The man was arrested in late May 2022, and has remained in custody since.

'I don't accept that you are sorry'

The man's lawyer, John Blackley, told the court during a previous court appearance that his client's offending was "unplanned, opportunistic and of short duration", according to Justice Kelly.

But, she said the man was aware the victim was unconscious and couldn't consent, and that she had rejected his advances earlier in the day.

"I don't entirely accept that, there was some planning," Justice Kelly said.

"I don't accept that you are remorseful, I don't accept that you are sorry. You treated that woman callously."

Justice Kelly commended the man for pleading guilty, and therefore not requiring the victim to come to court to give evidence.

He was sentenced to six years' prison, with a non-parole period of four years and three months.

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