A young Tasmanian man has been sentenced to three years in prison for raping a 16-year-old boy who had passed out drunk at a New Year’s Eve gathering.
Cody Sparkes was 18 when he assaulted the teenager, who had been sleeping in a swag in the backyard of a friend’s home in 2021.
Warning: This story contains details of rape that may distress some readers.
The Supreme Court heard the victim had consumed too much alcohol and lost consciousness around 10pm.
Later that night, Sparkes performed oral sex on the unconscious boy and penetrated his anus with his finger.
Justice Robert Pearce said the victim became aware of what was happening but was too affected by alcohol to respond.
“The sexual acts commenced while he was asleep and, to your knowledge, affected by alcohol,” Justice Pearce said.
“You took no steps at all to ascertain consent. Nothing was said.”
The court heard the assault only stopped when Sparkes heard a door opening.
The distressed teenager told his friend and parents the next day.
At trial, Sparkes claimed he had only used his hand, but the jury rejected his account and found him guilty of two counts of rape.
Justice Pearce said the case sent an important message about consent.
“There is a particular need for courts to demonstrate to everyone, especially young men, that they will be criminally responsible and liable to punishment for sexual acts performed without consent and without taking proper steps to obtain consent,” he said.
“Criminal responsibility and punishment is not reduced even if the offender is emboldened by alcohol or drugs to act in a way that they may not otherwise have acted.”
The court heard the victim continues to experience flashbacks, struggles with intimacy and requires medication for anxiety.
“The psychological and emotional impact on victims of serious sexual crimes can be profound and often lifelong,” Justice Pearce said.
In sentencing, Justice Pearce acknowledged Sparkes had no prior convictions and came from a supportive family, but said rape remained an “inherently serious crime” requiring punishment.
Sparkes will be eligible for parole after 18 months.
He will also be placed on the sex offender register for two years following his release.
