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Man who raped girl, 5, as drunk mum slept jailed

A MAN raped a 5-year-old girl after her 'grossly' drunk mother went to bed following a drinking session with the man.

The rape left the little girl having nightmares and fearful of sleeping alone.

In the District Court at Gladstone, Russell Rainbow, 23, pleaded guilty to raping the girl in March 2014 near Gladstone when he was 21.

Sentencing Judge Michael Burnett said it was callous and found that the girl's mother had been "so grossly intoxicated she was unable to offer protection".

Crown prosecutor Susan Hedge told the court that Rainbow had a criminal history for property theft and previously charged with a sexual offence after going into a shower naked with a teenage girl at a party when he was drunk.

For that offence he received two years probation.

Ms Hedge told Judge Burnett that the girl was left to sleep on a couch when her intoxicated mother went to bed leaving Rainbow to stay up drinking alone.

She said Rainbow took the child into a bathroom where she was raped causing a vaginal injury and bleeding.

"The child was significantly distressed and she woke her mother up," Ms Hedge said.

"Her grandmother took charge and took her away.

"She looked around the house but he (Rainbow) was gone."

Ms Hedge said Rainbow when later questioned by police denied any sexual activity with the girl.

She said the girl began having nightmares and did not want to sleep alone. She is no longer in her mother's care.

Judge Burnett said it was an opportunistic offence but he believed Rainbow also posed a significant risk of reoffending because of his predilection for this sort of sexual offence.

"I must believe there was some violence," he said.

"She was a child. You took her from her bed to the bathroom....

"There is a degree of callousness as you departed knowing the child was distressed."

Although he did not want to impose a sentence that was crushing, Judge Burnett said the factors of the serious offence outweighed this.

He also noted that Rainbow gave significant cooperation with authorities in the matter.

Judge Burnett sentenced him to 10 years jail, declaring it a serious and violent offence.

Rainbow will be eligible for release in eight years.

Topics:  court, crime, editors picks, gladstone district court, rape



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