Jail for rapist of woman with intellectual disability

Rex Martinich | March 8, 2023

A woman with an intellectual disability has told a court she was left with panic attacks after being repeatedly raped in her home.

Queensland man Stewart Glen Duce, 59, has been jailed for two-and-a-half years on Wednesday for sexually assaulting the woman.

Brisbane District Court was also told Duce performed a lewd act in front of the woman’s housemate, who also has an intellectual disability.

He earlier pleaded guilty to two counts of rape, one count of attempted rape, three counts of sexual assault and one count of wilful and unlawful exposure of a person with impairment of the mind to an indecent act.

Crown prosecutor James Bishop said Duce had been invited to the woman’s home in December 2020 and started to grope and undress the woman while she sat on her couch.

Mr Bishop said the woman later told her disability carer what happened, leading to Duce being arrested the next day and providing police with a “self serving” version of events.

“The matter is aggregated by the circumstance of offending against a vulnerable person,” Mr Bishop said.

“These were serious penetrative sexual offences and they must be denounced.”

Duce’s Barrister Yulia Chekirova said her client had been assessed by a psychologist who reported he could be suffering from post-traumatic stress and autism spectrum disorder.

Duce has spent the past 13 years on the Disability Support Pension after injuring his back while pouring concrete.

“His father was very abusive and told him that ‘nothing will come of you’. He has been singled out all his life as not that smart … he was bullied at school at did not fit in,” Ms Chekirova said.

“He was addicted to adult pornography and has sought treatment … His offending was opportunistic and of short duration.”

Judge John Coker said Duce had committed “extremely serious offences” but had shown indications of remorse and insight that suggested some prospect of change.

The judge said his guilty plea was not early but did save the need for a trial but not the need for the victim to give pre-recorded evidence.

Duce had a limited prior criminal record and had never been incarcerated, which the judge said was important to consider but had to be balanced with the consequences for the victim.

“There’s a very real need to recognise the trauma for her and the escalation of difficulties for her,” Judge Coker said.

“She feels insecure, does not like going to people’s houses, suffers from panic, and has trouble trusting men. She said it ‘ruined her life’.”

Duce was given a parole eligibility date in September after serving six months.