A MELBOURNE reggae singer has been jailed for six years for raping a woman after a night out drinking and partying.
Desire Sibanda, known in music circles as Dizzy Dee, raped the woman while she was asleep in November 2008, the Victorian County Court heard.
Sibanda, 24, and the woman were among a group of people who were drinking alcohol and nightclubbing before spending the night at an apartment. Sibanda told one person in the room he was “going to have sex” before he went into the room where the woman was sleeping, the court heard.
She awoke to find him raping her. Last month, a jury found Sibanda guilty of one count of rape. Sibanda told police he did not have sex with the woman, but at his trial claimed it was consensual. Judge Gerard Mullaly said the woman was in a vulnerable state when Sibanda attacked, and he had acted spontaneously and opportunistically.
“You abused the trust she had that she would be safe,” he said. Judge Mullaly said the woman was significantly affected by the incident and such acts attacked the “very foundations of a civilised society”. “Every young woman has a right to go out, have a drink, enjoy the company of friends, and go home without fear of being violated,” he said.
The court heard Zimbabwe-born Sibanda came to Australia on a student visa in 2007. He was popular within the Australian reggae scene and performed regularly around Melbourne.
Judge Mullaly said his jailing would mean he would lose opportunities to further his music career. The judge noted Sibanda’s otherwise good character and excellent prospects of rehabilitation. He also said Sibanda, formerly of Footscray, would be vulnerable in jail, coming from a minority culture.
Sibanda will serve a minimum three and a half years.
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