Canberra man Joshua Ware jailed for raping woman while she lay unresponsive, judge cautions him to quit drugs
Joshua Ware was sentenced in the ACT Supreme Court to four years in jail. (ABC News: Ian Cutmore)
A Canberra man who raped a woman he had supplied drugs to has been sentenced in the ACT Supreme Court to a maximum of four years in jail.
A jury found Joshua Ware guilty of two counts of sexual intercourse without consent after he raped a woman on two occasions in January last year.
The court heard Ware had developed romantic feelings for the victim, who cannot be named for legal reasons, after he began dealing her methamphetamine.
The woman did not reciprocate Ware's feelings and the court heard she had not used drugs for some time before the rapes.
The court was told that both rapes occurred amid drug-taking and that the woman was put at risk of pregnancy and sexually transmitted infections as Ware did not use a condom.
It is understood Ware breached a good behaviour order he was subject to at the time of the sexual assaults.
Victim unresponsive, scared during assaults: prosecution
Prosecutor Soraya Saikal-Skea told the court the victim had described herself as "semi-conscious" amid the first rape and more "clear-headed" the second time.
Ms Saikal-Skea added that the woman "had her hands over her face … [and] she did what she was told" because she was scared of Ware.
"[The] victim was so intoxicated she could not move, she could not speak, she was unresponsive," she said.
"The offender could not have been mistaken. Consent wasn't given."
The 37-year-old appeared agitated and rocked back and forth as Acting Justice Peter Berman handed down Ware's four-year sentence.
Acting Justice Berman said it had not been necessary for Ware to use physical violence as he held power over the victim by supplying drugs.
He described Ware as "an enthusiastic offender in the past", and said his criminal behaviour, including many offences relating to theft and burglary, reflected his "long term problem with drugs" and had been previously dealt with "leniently".
"If he gives up drugs, it's much more likely, indeed probably, that he will be able to give up his criminal behaviour," Acting Justice Berman said.
"It may be that in the future Mr Ware will at long last recognise his life will be much better if he doesn't use drugs."
Questions over remorse, rehabilitation prospects
The court was told a pre-sentencing report had raised questions over whether Ware was remorseful and how that could affect his prospects of rehabilitation.
The report found he had a "lack of insight into the inappropriateness and indeed the criminality of his actions".
Justice Berman acknowledged Ware's rehabilitation could be harder to achieve while in custody but said his decision needed to balance that against the "serious gravity" of Ware's actions, which have affected the woman "emotionally, financially, and socially".
As he was led out of the dock, Ware shook his head at family members sitting in court.
He is currently serving jail time for other offences and will have this sentence backdated by six months.
Ware will be eligible for parole in August 2026.