Emmanuel Umunakwe jailed for rape in Civic nightclub bathroom

CONTENT WARING: This article refers to sexual assault.

A woman sexually assaulted in a nightclub bathroom by a man she had just met told a court before the rapist was sentenced to jail that she is “no longer the same person”.

Emmanuel Umunakwe, who is now aged 23, was found guilty of one count of sexual intercourse without consent at the end of his ACT Supreme Court jury trial last year but was acquitted of two other counts.

In January 2023, he met a woman at Mooseheads in Civic, where they danced together and kissed; then, they met up again at another nearby nightclub called One22.

At One22, they went into a stall in the men’s bathroom. Umunakwe was found guilty of raping the woman in the stall.

Justice Belinda Baker said that during this assault, the woman repeatedly told him to stop, tried to get away and cried.

She said that due to this, Umunakwe “must have been aware that she was not consenting”.

The woman said as she left the stall, Umunakwe appeared confused, saying, “Where are you going? What’s happened?”

“In my view, the proper explanation for the offender’s confusion was that he was surprised by the victim’s sudden resistance, and the strength of her adverse response to the non-consensual sexual intercourse,” Justice Baker said.

After leaving the nightclub, the woman ran into a nearby laneway.

CCTV from the area showed her distraught and sobbing, then when witnesses asked her what happened, she said, “He took me to the bathroom and I kept saying no”.

The woman told the court that her fear of the memory of the moment of the assault was “overwhelming and inescapable” and “simple things in [her] everyday life are now a challenge for [her]”.

Now she feels alone, isolated and ashamed, is “no longer the same person” and feels “as if [her] identity had been taken away”.

Justice Baker said the assault did not take place over a long time.

“However, as the present case demonstrates, significant harm can be occasioned from offending which is short in duration,” she said.

“Sexual violence invades a person’s bodily integrity and autonomy.

“The court must recognise the deep and lasting trauma that is wrought by offending of this nature, the tendrils of which have, in the present case, reached into every facet of the victim’s life.”

Umunakwe moved from Nigeria to Australia in 2010 when he was nine years old. He has worked in various jobs, including as a labourer, car detailer, tyre fitter and, most recently, with a beverage sales company in deliveries.

When speaking to a health professional following his trial, he said he thought his encounter with the woman was consensual.

“She never told me to stop. She never said to stop. If I’d been told to stop, I would have instantly stopped,” he claimed.

Umunawke also told the health professional he was concerned about being deported to Nigeria.

Justice Baker accepted he was at risk of deportation due to being found guilty of the charge, but also said deportation was not certain.

Last week, on 10 April, Umunakwe was convicted and sentenced to a total of three years’ jail with two years’ non-parole, which means he will be eligible to be released from prison on parole in April 2027.

If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.