A CONVICTED rapist was yesterday ordered to pay his victim $60,000 in compensation by Judge Ian Robertson in the Bendigo County Court.
Graham Raymond Fellows, of Castlemaine, was convicted in December 2001 in the Bendigo County Court of digitally raping a 25-year-old female at a party in May of that year.
Fellows was originally sentenced to a wholly-suspended three years jail term but, in an unusual move, the Crown appealed against the leniency of the sentence.
The Court of Appeals upheld that appeal in May 2002 and re-sentenced Fellows to serve one year of his three-year term behind bars.
Fellows was recently released from prison - he is still subject to the suspended sentence.
Fellows' victim this week sought compensation for pain and suffering caused by the offence.
Michael Morrison, counsel for the applicant, told the court Fellows' victim suffered only temporary and comparatively minor physical injuries from the rape, but continued to suffer post-traumatic stress disorder as a result of the attack.
On the stand, the victim told Judge Robertson her smoking and drinking habits had increased since the rape and she struggled to cope with stress."I just can't handle stress anymore," she said.
The court also heard she continues to suffer problems with sexual relations, which had caused some difficulty in her marriage.
"I used to enjoy my life very much, now I don't want to go out. I don't do anything and I don't want to do anything," she said.
Much of the debate during the two-day application concerned Fellows' assets.
Counsel for the respondent, Maitland Lincoln, said Fellows' limited assets should be taken into account when considering compensation.
Mr Lincoln told the court Fellows total assets were about $3000, while his total debts were about $6000.
However, the court heard Fellows was part-owner in a house in Castlemaine at the time he was convicted.
Five days after his conviction in the County Court, Fellows transferred his share of the property into his wife's name.
Fellows told the court he made the transfer because he felt his wife was blameless and should not be left without a place to live should he go to jail.
ntsHe also said he felt she deserved the house should they divorce.nteIn delivering his judgement, Judge Robertson said he was not satisfied at Fellows' explanations.