A man who forced his way into a woman's house and raped her while her baby screamed will spend at least eight years behind bars.
Edward Pout faced Wagga District Court for sentencing yesterday after pleading guilty to aggravated break and enter to commit a serious indictable offence, and three counts of aggravated sexual assault and inflict actual bodily harm.
The court heard Pout, 20, lived in a unit with his brother's family near the woman's home. On August 17, 2018, the woman was home with her child while her husband was at work.
Pout approached her and tried to start a conversation, asking if her partner was home. Feeling uncomfortable, she went back inside. Pout then knocked on the door on multiple occasions, including one when he asked for some sugar.
The woman felt "scared" and did not know how to refuse him. She shut the door, found some sugar and returned to give it to him, all while nursing her baby.
She then tried to shut the door, but Pout pushed it open. Pout stepped into the unit and closed the door behind him. In an attempt to protect her baby, the victim moved away and turned her back on him.
Pout then grabbed her from behind by placing his forearm around her neck and putting a hand over her mouth and nose. She found it difficult to breathe and thought she would die.
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Pout then told her: "If you don't do what I want, I will kill you and your baby."
He dragged her to a sofa and tried to pull down her pants while still threatening her.
Pout then proceeded to have sex without consent, while the victim's baby was screaming. He then said "swear you will not tell the cops or I will kill your husband and your baby".
After he ejaculated, Pout pulled up his pants and left. Police were informed and Pout was later arrested. Clothing consistent with that described by the woman was found, she identified him from a photograph, and Pout's DNA was found at her home.
Judge Gordon Lerve described the offending as far from spontaneous and said the woman "must have been absolutely terrified throughout the whole of the ordeal".
Judge Lerve also assessed reports from two psychiatrists, neither of whom suggested a causal link between Pout's mental condition and the offence.
"The very significant mental health issues suffered by the offender are clearly a significant part of the subjective case," he said.
In sentencing, Judge Lerve found Pout's age was a special circumstance. Pout was sentenced to 13 years in jail with a non-parole period of eight years, three months.
The sentence also included time for a separate incident at Junee jail earlier this year, to which Pout pleaded guilty to assault occasioning actual bodily harm. He is eligible for parole in November 2026.