A woman was mentally screaming at her rapist but her fight had gone from her as her attacker had strangled her before the sexual assault, the Gore District Court heard today.
After she went outside to investigate she forgot to lock the door after going back inside.
Samuel Kubala (18) was 17 years old when he entered a neighbouring property to the victim’s and stole a white-handled boning knife from a shed.
He then entered the victim’s home through the unlocked door.
Judge Jim Large said the victim woke about 5.45am on July 25 to a weight on her shoulder area.
"Thinking it was one of the cats, she rolled on to her back to tell the cat off.
"It was then she saw you standing beside the bed.’’
Kubala then applied pressure to the victim’s shoulders and neck.
"The more she struggled the more you pushed.’’
After he had stopped her breathing for 30 seconds with his arm across her throat, Kubala then sexually violated and raped the victim.
"She gave up fighting because she was struggling to breath.
"She said she was mentally screaming, lying on her back staring at the roof.’’
All the fight had left her, the judge said.
After the attack he pushed the victim face first into the mattress and applied ‘’a lot more force’’.
"She thought she was going to suffocate and die,’’ Judge Large said.
After Kubala left the bedroom, he stole miniature alcohol bottles and the victim’s wallet then left the property.
The woman got up and phoned another person before dialling 111.
When she returned to the bedroom she was shocked to see the knife, as she hadn’t seen it before.
The judge said the woman was courageous in relaying just what impact the event had, had on her life.
In her report, she said Kubala nearly succeded in ruining her life.
"Even though you brought me down nearly to the ground, I will do my best to come back from this,’’ the judge read out.
The woman was suffering from PTSD as a result of the attack.
Judge Large said the pre-meditation, vulnerability of the victim and the home invasion aspect were all aggravating features.
Kubala had just begun the STOP programme when the offending occured. He had now completed the programme.
"Ït’s unfortunate you had not gotten further along that process as of 24 and 25 July last year.
"Had that happened, the offending might not have happened.”
The STOP report indicated that Kubala needed “serious intervention”.
Kubala talked of drug use, watching pornography earlier in life and a whole range of issues, when being interviewed by different report writers. He wanted to find out more about his own sexual behaviours, sexual deviance and propensity for violence, Judge Large said.
The pre-sentence report writer states they were unsure of Kubala’s remorse for the victim, believing his remorse came from where he now found himself, Judge Large said.
For aggravated burglary, two charges of strangulation, sexual violation, rape and burglary, Judge Large sentenced Kubala to five years and four months’ jail.
"The victim mentioned it will be a long journey for her, but it seems to me it will be a long journey for you as well in terms of your rehabilitation.”
