A FATHER and son who threatened and assaulted a group of people at a party after finding out their daughter and sister had been raped there earlier in the evening have each received hefty fines.
The father, 45, and son, 21, who are not named to protect the identity of the rape victim, had gone to a Toowoomba home after learning of the rape allegation one weekend night in May, last year, Toowoomba District Court was told.
The then 17-year-old woman had been drinking at the party and lay on a bed in a bedroom after she became sick only to wake later to find someone had had sex with her while she slept.
Unknown to the father and son, the victim had already been taken to hospital when they arrived at the residence looking for her, Crown prosecutor Kathleen Millican told the court.
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Also unknown to them was that the group of people they found at the residence had been partying out the back of the house and didn't know what had gone on in the bedroom.
When they couldn't answer the questions put to them, the two men became agitated with the younger man yelling in a threatening manner while the father stood by and at one point grabbed another man by the throat.
The victim woman sat with family and friends in the court gallery as her father and brother pleaded guilty to assaulting three people at the residence that night.
Ms Millican told the court Jake Raymond Pascoe, 22, had been found guilty of the rape at his trial in the same court in June.
He was jailed for five years with the remainder of the term to be suspended after he has served 30 months behind bars.
Barrister Scott Lynch, for the younger accused, told the court his client's family was a very close one and emotions had run high on this night when he learned what had happened to his sister.
The day of the rape had been his client's 20th birthday and he had enjoyed some drinks, he said.
His client was in good employment, Mr Lynch submitted.
The court heard the father also had a solid work record and was in active employment.
Judge Deborah Richards noted the younger accused had previous convictions for assault but took into account his youth when the previous incident occurred.
However, she warned him he had to keep his temper under control and not take things into his own hands.
Remarking that the circumstances of the case were somewhat unusual, Judge Richards fined the younger man $5000 with no conviction recorded.
Noting the older man's less involvement, she fined him $2500 but order the conviction not be recorded.
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