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A refugee who arrived in Australia on a permanent residence visa has been sentenced to five years in prison for sexually assaulting a sleeping woman.
Alaa Hassan Kharif, 27, had pleaded guilty to one count of rape when he appeared at Southport District Court on the Gold Coast, but added he believed at the time the woman was giving consent.
Kharif had met the victim, whom he knew, while she was out with friends around 3 am on August 29, 2021.
After a night of partying, she and several others went to Kharif’s house in Surfers Paradise, where she fell asleep on a sofa next to a friend, the Gold Coast Newsletter reported.
The court heard she woke up and Kharif raped her in her bed.
Alaa Hassan Kharif, 27, had pleaded guilty to one count of rape when he appeared at the Southport District Court on the Gold Coast, but added he believed at the time the woman was giving consent (file image)
The woman was initially disoriented and confused, but managed to flee and reported the rape to the police.
Later that day, Kharif told her he was sorry for what happened and had “no intention of putting pressure on her”, the court was told.
He told police he thought the victim was “moving like she was awake” and reacting to his touch.
CCTV footage showed him walking with his arm around the woman and briefly holding hands later that night.
A psychological report said Kharif was at low risk of further sexual offenses and would suffer more than most in prison for mental health reasons, including a diagnosis of post-traumatic stress disorder.
Kharif came to Australia as a refugee and has a permanent residence visa.
This will be canceled due to his conviction and he could be deported when he is released from prison.
Chief Judge Brian Devereaux said the woman’s victim impact statement showed the rape had long-term effects on her, including psychologically and financially.
“What happened to her, what you did to her, affects the way you are able to deal with people in social circumstances and at work,” the judge said.
After serving his sentence, he will be eligible for parole on July 3, 2025.
If you or someone you know needs support, please call the 24-hour National Sexual Assault, Family and Domestic Violence Hotline on 1800 737 732.