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'Sexually assaulted' woman hails court verdict against food delivery driver

August 20, 2011 - Sydney

A woman, who had sex with a takeaway food delivery driver mistaking him to be her husband, has said the jury verdict pronouncing the delivery man guilty, had restored her right to sleep in her own bed.

"Having the panel of jurors reach a guilty verdict has given me back my rights as a human being and most importantly, my rights as a woman who slept innocently in her own bed, in her own home" The Sydney Morning Herald quoted the woman, as telling the court.

Delivery driver, Amit Hamal, 22, had found the front door ajar when he arrived at the Rose Bay house at about 9.15 p.m. on July 16, 2010, and sexually assaulted the woman when she was fast asleep.

Her husband had also fallen asleep in the lounge while waiting for the food to arrive.

Her husband denied having sex with her when she asked him next morning, saying it must have been a vivid dream.

The woman realized that she had been sexually assaulted only after Hamal called her up later and suggested they become casual sex partners.

Hamal claimed before the jury that the sex was consensual, and that the woman initiated the encounter by pulling him towards her.

The jury found Hamal guilty of sexual intercourse without consent on July 29.

Hamal's lawyer Charles Waterstreet said his client had grown up in a "repressed society" and the availability of casual sex in Western society "was quite an eye opener" when he arrived in Australia in 2009.

Crown Prosecutor Michael O'Brien said Hamal had tried to wake the woman's husband, and on failing to do so, he took advantage of the situation.

Hamal was arrested two days later at the airport with a one-way ticket to Kathmandu, which showed he knew his actions were wrong, he said.


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