Josh Ryan Fenwick was found guilty after a Supreme Court jury trial in 2025. Photo: Albert McKnight.
CONTENT WARNING: This article refers to sexual assault.
A young woman has faced the man who sexually assaulted her at his sentencing hearing and told him that while she lost years of her life due to the pain he caused, “I didn’t lose my voice”.
“Today I sit here not as your victim, but as your consequence,” she told Josh Ryan Fenwick on Monday (2 February).
The 29-year-old was found guilty of one count of sexual intercourse without consent in an ACT Supreme Court trial last year.
The jurors heard that two 16-year-old girls attended a small gathering that the then-26-year-old Fenwick held at his home in September 2022. While there, Fenwick digitally raped the first girl despite her repeatedly telling him “no”.
This girl faced him in court during his sentencing hearing on Monday and said her life had fallen apart “piece by piece” after that night.
“I carried the shame of your crime, and it almost destroyed me,” she said.
“You made a deliberate choice to prey on a 16-year-old girl, a child.
“You haunted me … You left scars that no one could see, but I felt every day.”
Prosecutor Sam McLaughlin said this first girl repeatedly rebuffed Fenwick’s advances before the assault. But later, Fenwick pushed her onto a bed, kissed her, pinned her arms above her head and took off her shirt before digitally raping her.
The girl said she told him “no” about five times, the prosecutor said. He also said the assault only ended when she managed to free herself and leave the room.
“It was clear from beginning to end that [she] did not consent,” Mr McLaughlin said.
He argued that the only appropriate sentence was jail, while Fenwick’s barrister, James Maher, said his client could be handed an intensive corrections order, a community-based sentence.
Josh Ryan Fenwick, 29, is assisted by his lawyer from Legal Aid, Amelie McCarthy, last year. Photo: Albert McKnight.
Mr Maher argued that Acting Justice Peter Berman could not find his client knew the girl was 16 at the time.
He said his client faced challenges growing up and, as he was still just 29, rehabilitation should play a role in his sentence.
Acting Justice Berman said he would sentence Fenwick on Tuesday (3 February).
Earlier in the day, Mr Maher tried to adjourn the sentencing pending the outcome of an appeal due to fresh evidence emerging after the trial.
“This is a case where a miscarriage of justice manifested itself after the trial,” he said.
“There is an opportunity here to prevent further injustice by not proceeding to sentence.”
He said that the text messages the first girl sent to Fenwick’s friend an hour or two after the sexual assault had only been discovered after the trial.
Fenwick and his friend had left the house at the time. Mr Maher claimed in one message there was a suggestion the girl urged the two men to return to have sex with one or both of the two 16-year-old girls.
But Acting Justice Berman said the meaning attributed to the message was far from clear. He also noted another of the freshly revealed text messages the girl sent to the friend said, “I don’t want Josh”, which was consistent with something having happened earlier that evening against her consent.
The court heard the girl had been drinking alcohol that night. She didn’t remember sending the messages.
Acting Justice Berman ultimately dismissed the attempt to adjourn the sentencing.
While Fenwick plans to lodge an appeal, the judge thought the prospects of an appeal “would not be said to be good”.
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 on 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call triple zero.
If you have been affected by sexual violence, or someone you know has, you can report it to police by attending a police station or phoning 131 444.
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