Men jailed for five years for raping woman in car at Kings Park

Stock image.
Stock image.

TWO men who picked up a woman outside a pub then took turns raping her in the back seat of a car at a Perth park have been sentenced to five years in prison.

Following a retrial, Mohamed Al Maialy, 25, and Fahed Shgahy, 24, were each found guilty by a jury earlier this month of aggravated sexual penetration without consent over the April 2015 incident.

Prosecutor Mark Hunter told the West Australian District Court on Tuesday that there was a “predatory aspect” to their offending.

Judge Stephen Scott noted the woman had consumed a “considerable amount of alcohol” on the night she was attacked and did not recall many details.

She had been drinking at a Northbridge pub with two friends, who had left by the time Shgahy and Al Maialy approached her outside.

The woman, now aged 28, testified she sat in the back seat of the car and the next thing she remembered was a man lying on top of her at Kings Park.

She said one man stood outside while she was raped, but she could not say how long it lasted and did not recall the second attack.

Her next memory was looking for her phone in the backseat.

A third man came to her aid after she was driven back to Northbridge.

Shgahy later found the woman’s phone and kept it, the court heard.

Judge Scott described the woman as vulnerable and said it would not have been surprising that she sobered up when she realised what had happened to her.

“She was so intoxicated that she was incapable of giving consent,” he said.

Neither man was genuinely remorseful for the impact of their offending on the victim, Judge Scott added.

In her victim impact statement, the woman said she was paranoid about going to places where she did not know anyone and her social life had been severely curtailed.

She also said she had a dislike of being touched.

Judge Scott said women were entitled to enjoy themselves without being preyed upon for their vulnerability if they drink alcohol.

“They should be able to socialise and if they have by chance had too much to drink they ought to be able to be transported home safely,” he said.

With time already served, Shgahy could be eligible for parole immediately.

Al Maialy’s earliest release date is in August 2020.