Yasmin went to court to see her rapist jailed. That's not what happened

Yasmin said she was shocked her offender avoided time behind bars. (ABC News: Tahlia Roy) A Canberra woman who experienced sexual violence said she was shocked when her offender avoided jail last year. She said the man's sentence did not deliver justice, and it was worsened by an error from prosecutors. ACT Victim Support advocates will next month be embedded with police in a pilot to better respond to sexual violence. Link copiedShareShare articleIn October last year, a Canberra woman went to the ACT Supreme Court to see the man who had raped her go to jail — except that's not what happened. Warning: This story discusses sexual assault. Yasmin, which is a name she has chosen to protect her identity, said her offender got a "light" sentence that did not deliver justice. These services provide help to victims of sexual assault: "I was actually in the courtroom. I had read my victim's impact statement, and when the judge handed down the sentence, I started to realise where he was going and my heart just sunk," she said. Paul James Donnelly, 38, admitted to one count of sexual intercourse without consent and two counts of non-consensual distribution of intimate images. Donnelly was fined $5,000 and sentenced to a 20-month intensive corrections order to be served in the community, as well as being ordered to complete community service. In handing down the sentence, Justice David Mossop said he took into account the man's young family, autism diagnosis and guilty pleas. "There was a discrepancy in how much attention [Justice Mossop] paid to me as the victim," Yasmin said. "He did state that it had a significant impact on my life and he talked about how horrible these crimes can be, but I felt like he spoke more about the impact of prison time on the offender and on his family. In the aftermath of the assault in 2023, Yasmin said she had felt she would never again be safe, because Donnelly had graphic videos of her that were taken without her consent. "I was living in a lot of fear that if I stopped talking to him or did anything to make him upset, then he would retaliate and use those images online or some other way — and I was terrified of them being shared," she said. Yasmin said the fear of what her offender could do with non-consensual graphic footage was paralysing. (ABC News: Tahlia Roy) But an interstate trip, which put distance between her and where the assault had happened, led Yasmin to call police who "seemed really understanding and empathetic". "They then referred me to the [Australian Federal Police] sexual crimes team and allocated an officer," Yasmin said. "Working alongside him throughout the process, I felt lucky to get him and he really understood what I was going through." And when officers told her they had seized Donnelly's phone and the videos, she was able to breathe easier. Another of Yasmin's insights into the justice system came in the form of a devastating communication blunder by the ACT Office of the Director of Public Prosecutions (DPP). A new report by victim-led advocacy organisation With You We Can makes the case for all victim-survivors of sexual violence to have access to independent legal representation. Yasmin said as part of Donnelly's plea deal, sections of the police statement of facts were struck out without her knowledge. She said important details were removed. "Some of the ones that were dropped may not have been as serious in the eyes of the law, but to me they had a massive impact on my daily life, with flashbacks and avoiding certain things and nightmares and just horrible memories," Yasmin said. In an email to Yasmin's lawyer seen by the ABC, the DPP acknowledged the mistake and went on to meet Yasmin and apologise. "The director intends to send further guidance and reminders to staff to ensure that significant changes to the statement of facts are raised with victims and their views are sought in accordance with our obligations." Yasmin said, despite this — and despite her disappointment with the sentence — she believed the prosecutors and the wider justice system were supportive and trauma-informed. Yasmin said a miscommunication with prosecutors was devastating. (ABC News: Tahlia Roy) Yasmin said that during her most difficult days, she was able to call Full Stop Australia counsellors. The national sexual, domestic and family violence response service has existed for about 50 years, with its CEO, Karen Bevan, saying support is available throughout court processes, not just in the aftermath of an assault. "We're often helping people prepare for giving evidence in court, meeting with their lawyers and reading out their victim impact statements. All of those experiences are intensely personal and intensely emotional. "Our counsellors are really expert at helping people prepare." Full Stop Australia chief executive Karen Bevan says counsellors are available around the clock. (ABC News: Abby Haberecht) Ms Bevan said the 24-hour hel

Yasmin went to court to see her rapist jailed. That's not what happened

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Yasmin went to court to see her rapist jailed. That's not what happened

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