One Nation senator erupts at judge after teen rapist avoids jail due to ‘lack of sexual experience’ and recent move to Australia

A teenager who raped an 18-year-old girl at a house party has avoided spending time behind bars after a judge found his recent arrival in Australia and ‘lack of sexual experience’ reduced his moral culpability.

The offender, referred to in court documents under the pseudonym Lucas Hancock, raped the young woman at a gathering in Canberra’s north-west on August 1 2025.

The 18-year-old, who cannot be named due to legal reasons, pleaded guilty to sexual intercourse without consent. He had spent one day in custody attributable to the offending and had no criminal antecedents.

On Tuesday, ACT Supreme Court Justice Andrew Muller handed down an 18-month prison sentence, suspended in full, to be served in the community under a good behaviour order.

Justice Muller noted in his decision that the boy, who was 16 at the time of the assault, had migrated from Bhutan just six months before and had no sexual experience.

‘I accept his prior lack of sexual experience and inevitably limited insight into societal norms in Australia given his very short time in the country prior to the offending are factors mitigating his moral culpability,’ Justice Muller said.

The sentencing decision sparked immediate outrage from One Nation Senator Malcolm Roberts, who condemned the outcome.

‘Disgusting,’ he wrote on social media on Wednesday.

‘If rape is acceptable in the country from which the rapist came, then deport everyone from that country. What do you want for Australia? What do you want for Australian women?’

The Daily Mail has contacted Justice Muller for comment. 

According to agreed facts before the court, the teenager approached the victim, known as DS, during the party last year and asked her to go for a walk.

He led her away from her friends to a nearby greenbelt where they began kissing, the court noted. 

The court found the boy pinned the 18-year-old girl to the ground and she was sexually assaulted in several ways.

DS told police she ‘just froze’ during the attack because she was afraid and felt ‘trapped under him’, the court heard.

She said she told the teenage boy to ‘stop’ and that she did not want anything sexual to happen. 

Before determining the sentence, Justice Muller detailed 12 aggravating features of the offending that increased its seriousness. 

Among them, Justice Muller found Hancock had walked the victim away from the ‘relative safety of the group environment’ and did not ask for her consent.

The judge found he continued despite DS crying and asking him to stop, ripped her clothing and ‘used considerable force in pursuit of his own sexual gratification’.

Justice Muller further noted Hancock prevented DS from answering her phone and subjected her to multiple sexual acts over an extended period.

He also acknowledged the disparity in physical size and strength between the two teenagers.

‘The particular circumstances of the offending were humiliating and degrading, involving significant physical force, and disregard for the wishes of DS in circumstances where she had little capacity to defend herself,’ Justice Muller said.

‘Here the offending involves the use of significant force without consent against a vulnerable young person who was placed in a situation where she was denied any prospective protector. That offending is properly regarded as serious.’

In a victim impact statement, DS described the profound emotional and psychological impact of the attack, including suffering flashbacks.

‘(I) can no longer call my body my own,’ she said, adding that her life was stolen and will forever be changed following the assault.

DS told the court she had just turned 18 years old and instead of adventure and opportunity, she was raped at a party which was ‘filled with people (she) knew’.

The court heard that, after the assault, she struggled to perform everyday tasks, including brushing her teeth, bathing and maintaining personal hygiene for months afterwards.

In his sentencing remarks, Justice Muller concluded Hancock has since developed a better understanding of consent.

‘What is clear is he now realises the giving of consent to sexual interaction necessarily involves clear and active communications to that effect, not just an absence of express refusal,’ Justice Muller said.

While Justice Muller found the gravity of the offending was such that imprisonment was warranted, he concluded the teenager’s rehabilitation would be better served in the community rather than custody.

Hancock will remain under court supervision until April 2028.