Men Who 'Took Turns' To Sexually Assault Drunk Woman Jailed
Two men who picked up an intoxicated woman from outside a pub in Northbridge and took turns to sexually assault her in Kings Park have been jailed.
In the early hours of April 6, 2015, Mohamed Al Maialy, 23, and Fahed Shgahy, 22, approached the woman outside the Elephant and Wheelbarrow pub, where she had been drinking with friends.
The woman had been sitting slumped on the ground with her knees drawn up to her chest when the men struck up a conversation with her. A short time later the trio left in Shgahy’s car.
The men then took turns to sexually assault the women in the car at Kings Park before they dropped her back into Northbridge where another man found her bruised, bleeding and “extremely distressed and crying”.
She was taken to a nearby police station where she recorded a blood alcohol reading of 0.292.
Police apprehended Al Maialy because he had called the woman’s phone when she could not find it, to which his lawyer said the fact he did this demonstrated that the men did not believe they were doing anything wrong at the time.
Shgahy’s lawyer Patti Chong said her client believed that the woman had given the men permission to have sex with her.
But sentencing the men after they were convicted of a count each of aggravated sexual penetration without consent, Judge Michael Gething said the woman was so intoxicated she was not capable of having consensual sex.
“At no point after she left the Elephant and Wheelbarrow was she in a position to freely and voluntarily consent to sexual intercourse,” he said.
He added that she was in a vulnerable state when she was raped.
"When you found her, she was sitting on the side of the road in a distressed state in the early hours of the morning in Northbridge,” he said.
"The two of you took her from a place in Northbridge to a place where she did not know.”
He said that in a victim impact statement the woman described feeling extremely distressed by the incident.
“She says she used to enjoy going out and catching up with friends but is now paranoid about doing so in case of what could happen,” he said.
Both men were jailed for five years.
The West Australian