Judge Declares Jury's Guilty Verdict for Rapist 'No Surprise at All' in ACT Case
Judge: Guilty Verdict for Rapist 'No Surprise at All'

A judge in the Australian Capital Territory has declared that a jury's guilty verdict for a man convicted of raping a 16-year-old girl was entirely unsurprising, highlighting the strength of the evidence presented during the trial.

Court Proceedings and Sentencing Details

In the ACT Supreme Court on Tuesday, February 3, 2026, Josh Ryan Fenwick was handed a two-year jail sentence with a non-parole period of one year for digitally raping the victim in 2022. Acting Justice Peter Berman presided over the case, noting that despite the conviction, Fenwick continues to assert his innocence.

Events Leading to the Assault

Justice Berman detailed the circumstances of the night in September 2022, when the victim, aged 16, was drinking in Civic with a friend of the same age. They encountered another individual and Fenwick, subsequently travelling on one of the final trams of the night to his residence in Gungahlin.

At the home, Fenwick attempted to kiss the victim, who repeatedly refused. He then restrained her by pinning her arms down on a bed and committed the digital rape. The judge emphasised that Fenwick was aware of the victim's vulnerability, her significant youth compared to his 29 years, and her intoxicated state.

Impact on the Victim and Judicial Remarks

During the sentencing, Justice Berman stated that the victim had endured substantial suffering, directly attributing the harm to Fenwick's actions. He affirmed that Fenwick clearly understood the victim did not consent to any sexual activity.

On Monday, the victim delivered a powerful impact statement in court, addressing Fenwick directly. She declared, "You haunted me. I sit here not as your victim but as your consequence, as a voice you can't escape." Reflecting on the assault, she added, "I believed I was safe. I was wrong. So painfully, devastatingly wrong."

Legal Aftermath and Support Resources

Fenwick is set to become eligible for release in January 2027, though he is currently pursuing an appeal against his conviction. This case underscores the ongoing legal processes and the profound effects of such crimes on survivors.

Support services are available for individuals affected by similar distressing situations. Key contacts include Lifeline at 13 11 14, the Canberra Rape Crisis Centre at 6247 2525, Bravehearts at 1800 272 831, and Kids Helpline at 1800 551 800.