Event and Time
Event Description
Hafiz Babar pleaded guilty to a charge of rape on 10 February 2021, stemming from an incident that occurred on 15 September 2018 when he sexually assaulted a victim during an Uber ride. The victim was intoxicated and was led to believe that she could pay less for the ride if she engaged in sexual activity.
Application and Claims
- Prosecution Claims: The victim was coerced and assaulted by Babar while she was intoxicated. Witness statements and DNA evidence confirmed the assault.
- Defense Claims: Babar claimed the victim was a willing participant in a sexual encounter and maintained his denial of any wrongdoing, despite the DNA evidence presented against him.
Judicial Decisions
The court determined the serious nature of the offense, considering the profound impact on the victim, alongside the standard sentencing guidelines and Babar's expressions of remorse and circumstances at the plea.
Dispute Points and Legal Basis
Dispute Points
- Victim's Claims:
- Babar sexually assaulted her despite her repeated refusals. - After the incident, she experienced significant emotional distress and anxiety.
- Babar's Claims:
- He asserted that the victim initiated the sexual contact and that the encounter was consensual. - Denied any inappropriate contact or penetration, maintaining the act was mutual after the initial interaction.
Ruling and Impact
Ruling Result
The judge ruled that Babar would serve 5 years' imprisonment, with a non-parole period of 3 years. The court noted that if not for the guilty plea, the sentence would have been 7 years.