03.03 pm, Wednesday February 10 2010

Four escape jail over dildo rape prank

15:07 AEST Thu Nov 29 2007
AAP

A group of four who raped a drunken male friend with a dildo while he slept and videotaped the attack have escaped a jail term.

The South Australian District Court heard on Thursday Brendan Phillip Hollands, Sian Catherine Whistler, David Kingsley McMahon and a 17-year-old girl had been drinking heavily on December 10, 2005, at Hollands' Aberfoyle Park house, in Adelaide's south.

During the night, the male victim, who had also been drinking, fell asleep when members of the group first placed three pegs on his penis then inserted a sex toy in his anus.

The antics were recorded on a mobile phone.

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The court heard that when he woke the next day he found the pegs and had suffered pain and discomfort but the group did not tell him about the dildo.

Hollands, who had been the victim's friend since primary school, later downloaded the one and a half minute video to his computer and showed two other people the footage.

McMahon, 23, Hollands, 22, Whistler, 20 and the girl, who cannot be named, pleaded guilty in July to rape.

In sentencing, Judge Peter Herriman told the court each of them had frequently drank heavy amounts of alcohol and participated in sexual antics and taped exhibitionism.

Defence lawyers had argued the rape was "a young person's drunken escapade that got out of hand" but Judge Herriman said the "prank" had caused embarrassment, pain and humiliation.

The victim would also need corrective surgery for his injuries.

The judge said McMahon's actions were particularly aggravated as he was a probationary police officer who had since been suspended and was likely to be dismissed.

Judge Herriman was scathing of the group's initial behaviour.

"Not one of you had the courage, maturity, remorse or sense of guilt to approach the victim and tell him what happened or to apologise," he told the court.

Judge Herriman said each of the group had now expressed regret and he accepted defence pleas for suspended sentences.

Hollands and McMahon received suspended jail terms of three years with a non-parole period of two years while Whistler was sentenced to two years jail with a non-parole period of one year and four months.

The girl was given a 13 month suspended term with an eight month non-parole period.

All four were ordered to enter three year good behaviour bonds of $1,000 each.

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