A mother who broke her arm during a brutal rape was told her attacker would walk free because he told police she consented.
The then 30-year-old was having a few drinks with some friends at a sports bar in Nerang on the Gold Coast, in December 2017.
The woman said she spoke to a Welsh man throughout the night who then offered to ‘walk her out’ when she was ready to leave.
As they walked outside the man led her away from the entrance of the bar and attacked her.
As they walked outside the man led her away from the entrance of the bar and allegedly attacked her (stock)
The man also strangled her in an attempt to keep her quiet leaving her with multiple bruises on her neck (stock)
‘He pushed me over, pulled my hair. I tried to get away but when I fell, my arm got broken,’ she told news.com.au.
‘I remember just freezing. I heard a car and started screaming in hopes someone would help me. He got off me and stood up leaving me face down with broken bones,’ she said.
The man also strangled her in an attempt to keep her quiet leaving her with multiple bruises on her neck.
The mum said the man proceeded to rape her again.
Following an investigation, police finally identified the man and told the victim to enjoy her Christmas break and that everything was in hand.
Police told the 31-year-old they would charge her alleged attacker with three counts of rape and additional charges for her physical injuries.
‘Mistake of fact’ law means that if a man has ‘honest and reasonable belief’ the woman consented he cannot be charged with rape
But after six months police called the victim to the police station and said they were powerless to act because Queensland’s ‘mistake of fact’ law meant the man could get away without being charged.
The archaic law dictates that if a man has ‘honest and reasonable belief’ the woman consented he cannot be charged with rape.
‘He said he had an honest and reasonable belief I had consented but I’ve always stood by that you stop believing in that consent when there’s broken bones, bruises, scratches and you’re attacking a woman in the dark,’ she told the publication.
The case is still open and the woman says police have stuck by her with one even saying that the alleged attacker made up a ‘bullsh*t story’ but there was nothing they can do.
She hopes the Queensland Government changes the law soon, since they have been reviewing the defence since last May.
Sexual assault support services:
1800 RESPECT: 1800 737 732
Lifeline: 131 114
Beyond Blue: 1300 224 636