A FARM hand who had sex with his intellectually disabled sister has pleaded guilty to rape in Warrnambool County Court.
The 40-year-old man, who cannot be named because it would identify his sister, has also been registered as having an intellectual disability for four years.
Late last year the defendant came home after a function where he had been drinking alcohol.
He went to have a shower and asked his sister to bring him some shorts into the shower.
She refused but the brother dragged her into the bathroom by her wrist.
The defendant then had sex with her twice, the court was told. The defendant then told his sister what had happened would be their “little secret”. Defence counsel John Perry said a clear case of incest was made out by his client’s admissions.
However, he said a clear case of rape had not been made.
Judge Mark Taft said the defendant had pleaded guilty to one count of rape.
The maximum sentence for rape is 25 years’ imprisonment.
Mr Perry requested his client receive a residential treatment order.
Judge Taft said that usually the rape of a sister would lead to a significant jail term.
Judge Taft suggested a large amount of material would have to be submitted to the court before he would consider anything other than an immediate jail term.
The plea hearing was adjourned until August 22.
The court extended the defendant’s bail until that date.