DPP v Mokhtari [2018] VCC 205

Sentence summary: Rape

A former United Nations commander was jailed for raping and imprisoning a Queensland backpacker in a motel room.

Mokhtari Alimadad, 42, was sentenced to 11 years prison with a non-parole period of seven years and nine months.

A jury found the father-of-six guilty of four charges of rape, one charge of false imprisonment and one charge of sexual assault.

He was acquitted of two charges of rape and two charges of sexual assault.

The Court heard how the offender fraudulently told the 23-year-old victim that he was offering her a job as a sales manager for his tyre business.

After the victim made her way to Melbourne, the offender placed her in a motel room but wouldn’t leave.

After repeatedly knocking back offers of sex and alcohol, the victim became frustrated with the offender and confronted him.

The offender then threw her onto the bed and pinned her down, raping her over the course of several hours.

The victim was told multiple times that she would be killed if she attempted to call for help.

Only after a physical confrontation, did the victim manage to escape.

It was accepted the offender was under the influence of the drug ice at the time of the offending.

The presiding judge said the threats of physical violence escalated the offending.

“You man-handled her and threatened her with violence on several occasions,” the judge said,

“On one occasion you said you would ‘put a towel in her mouth and no-one could hear you and I will beat you ‘til death.”

The Court heard the planning involved was a clear example of intent, as well as the resulting police searches which found Viagra tablets and further amounts of ice.

Mitigating factors included the offender’s upbringing, that saw him flee Afghanistan via people smugglers and his previous work for the United Nations as a Commander, helping to identify local allies.

The gravity and callous nature of the offending overruled any previous humanitarian work, the Court heard.

“It is difficult to understand how someone who has no doubt known fear, isolation and vulnerability – such as yourself – could inflict such crimes on an innocent other,” the judge said.

“It also difficult to reconcile a community minded father of six with the self-indulgent, drug affected, violent sex offender who committed these crimes.”

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Page last updated: 5 May 2020