“I’M SO DISAPPOINTED…” – A woman has spoken out after the man convicted of r@ping her following a Bumble date was sentenced to 100 hours of community service, saying she feels deeply let down by the outcome.
The victim of a Coogee man, who avoided jail and will serve just 100 hours of community service after raping his Bumble date inside his apartment, has slammed her perpetrator’s sentence outside court, saying she had been “let down” by the justice system.
Justin Downs, 28, was sentenced in the Sydney Downing Centre on Wednesday after he was found guilty by a jury of one count of rape. He was found not guilty on three other counts of sexual assault without consent.
Downs leaving Sydney Downing Centre on Wednesday. Picture: News Corp Australia
The court previously heard how Downs failed to stop after his date withdrew consent halfway through sexual intercourse during a Bumble date in October 2022, leaving his victim unable to “walk, sit or go to the bathroom”.
The maximum jail sentence for the offence is 14 years.
Outside court, victim Anastasia Treharne, who wished to be publicly identified, said she was “so disappointed” by the sentence.
The court previously heard how Ms Treharne said “ow and stop” multiple times during the assault.
“I’m just so disappointed,” she said.
“I don’t understand how it is actually possible. I’m not sure how that can be seen as an adequate punishment. I feel so let down.”
Australian actor and performer Anastasia Treharne, who wished to be publicly named as the victim. Picture: News Corp Australia
On Wednesday morning, Judge Justin Smith SC sentenced Downs to a three year community corrections order – essentially a good behaviour bond – and 100 hours of community service.
He must not commit any other offence during that time and must also continue therapy.
Ms Treharne sobbed in court and was held by her mother as the sentence was handed down.
Judge Smith said Downs’ housemate, who was in the unit at the time of the assault, heard no loud screaming or crying.
“The offence then was not deliberate, was not planned in anyway, and was not done with disregard to the victim,” the judge said.
Judge Smith also said Downs had lost his business and that his family and mental health had been impacted.
“He is still a young man who has taken positive steps towards his mental health and alcohol abuse …. the only factor that weighs against him is his lack of remorse.”
Downs, who has since changed his name on social media to Justin Shearman, used to own a Jim’s Mowing franchise in Sydney’s eastern suburbs, which was terminated on account of his offending.
Judge Smith also rejected a bid for an AVO against Downs for the victim, saying there was
no “continuing threat or fear”.
Downs was sentenced on July 8. Picture: Instagram
The court also heard how Downs was father to a young girl. Picture: Instagram
Ms Treharne’s victim impact statement
In November, during a separate hearing, Ms Treharne read out a harrowing impact statement, detailing how she was “violated in the most violent way possible” by Downs.
“I withdrew consent, and he didn’t stop. I struggled to walk, sit or go to the bathroom without agony, that’s the truth. That’s what happened,” she told the court.
“I didn’t get a choice. I didn’t choose to be forced down, nor to be torn open.”
“Your choices were violent, you did not hesitate, you disregarded every no and every stop. You made me bleed.”
She also spoke about the “lengthy and complex” court process.
“The trial didn’t just cost me my peace off mind … it lost me my dignity,” she said.
The court heard how Downs had also previously been convicted for domestic violence-related destruction of property offences and high-range drink driving after the offence.
In an earlier hearing, Downs’ lawyer Meredith Phelps argued that her client should not serve his sentence in full-time custody as the offence was at the “lower end” of the scale in terms of seriousness.
She also argued that the level of force used would have been minimal as Downs had a broken leg at the time, also noting that he “went and got” lubricant.
Downs owns a Jim’s Mowing franchise in Sydney’s eastern suburbs. Picture: Facebook
Left ‘broken’
Ms Treharne said she had been left “shattered” both “emotionally and physically” by the assault and warned of the “immense danger” Downs posed to others.
She then addressed Downs directly stating: “Justin, I hope one day you understand the full weight of what you have done.
“You inflicted pain intentionally, you violated someone who trusted you.”
