Man jailed after raping woman in sleep

Tuesday 09 November 2021

A 26-year-old man has been sentenced to six years in prison after raping a woman in her sleep, leaving her with "severe psychological harm."

Appearing in the Royal Court yesterday, Joao Pedro Vieira was also sentenced for getting into a fight, driving a motorcycle while uninsured and without a licence, and wrecking a flat after he was told he could no longer live there.

Crown Advocate Matthew Maletroit explained how Vieira and the rape victim had returned to her home after a night out last year. After falling asleep, she woke up to find him having sex with her.

Two days later, the woman went to the Sexual Assault Referral Centre at Dewberry House to report what had happened, and told Vieira she had reported him.

Vieira handed himself into the police four days after this, telling them that he had committed a rape, and later in an interview explaining he had been drinking before the incident had happened. 

Vieira initially pleaded not guilty to the rape when he was indicted in May this year, though on 23 July, he changed his plea to guilty.

Quoting from the victim, Advocate Maletroit said the rape had left her with “deep pain and hurt... inside of my head.” 

The Court then heard how, in January of this year, Vieira got into a fight on Garden Lane in St. Helier, and on the same night drove a motorcycle uninsured and without a licence.

He also broke into a flat he had previously been staying in, and caused malicious damage worth £1,250 after he was told he could no longer live there. This included leaving a hole in the television screen "as though it had been punched", cutting brand new trainers and four coats, bending a keyboard, drenching an Xbox, and leaving an Apple Mac in the sink with a running tap.

Defending Vieira, Advocate Luke Sette told Court that the rape had “weighed heavily on [Vieira’s] mind”, and emphasised that he had been co-operative during police interviews.

In regards to his initial 'not guilty' plea, he said that it had been because his mother, who he had not seen for some time was travelling to the island, and he wanted to see her. 

He pointed out that Vieira had written a letter of remorse, where he stated that “I will never forgive myself for the harm I caused” and that he now saw himself as a “monster."

Advocate Sette suggested that, “whatever the court’s view on Mr Vieira’s guilty plea”, he had shown “significant remorse throughout, and this should be taken to his credit.” 

Deputy Bailiff Robert MacRae, who was sitting with Jurats Jurats Collette Crill, Jerry Ramsden, Robert Christensen MBE, Steven Austin-Vautier, and David Hughes, said he had caused the victim “severe psychological harm.”

He continued: “This was an extremely serious offence, and allowing for your guilty plea and your remorse, you are sentenced to five years and three months imprisonment.” 

He was also sentenced to one month of prison for the fighting, and one month of prison for driving without insurance, to be served consecutively.

On the count of breaking and entering, he was given a sentence of seven months to be served consecutively, and a concurrent sentence for malicious damage.

In total he was sentenced to six years in prison, as well a minimum order of seven years on the Sex Offenders' Register, and a restraining order against his victim.

The Jurats did not recommend that Vieira be deported.

Following the case, Police praised the rape victim for her "great courage" throughout the investigation process.

Detective Inspector Christina Maclennan, Head of the Police's Criminal Investigation Department, said: "We are committed to investigating and prosecuting all sexual offenders and want to assure victims that there are a number of agencies who are in a position to offer support and guidance through all stages of the criminal justice process.

"We continue to work alongside partners, especially support and advocacy services such as the SARC, JAAR and the Jersey Women's Refuge, to encourage victims of sexual crime to report such incidents."