Former NRL player Izaiah Robati has been sentenced to jail after pleading guilty to sexually assaulting a woman in an unrelated incident. The sentencing followed a Thursday trial verdict where he was found not guilty of two counts of rape. The resulting court proceedings uncovered important facts about the events that led to the fatalities.
On December 21, 2022, Robati was charged after allegedly groping a woman on Brisbane’s Southbank. The trial featured closed court sessions, during which jurors were shown video evidence that had been recorded by the woman in 2024. Counsel for Robati, David Funch, clearly fought hard. He said Robati’s behavior at the pub should not be central to the trial.
It was here that Funch highlighted the most important aspect of the case, the doctrine of “mistake of fact.” Given that womens’ consent can be complicated, he argued that if Robati truly believed the woman was consenting, this might make for a very good defense to the charges. This was significant because the prosecution must prove its case beyond a reasonable doubt. They need to prove that Robati’s affirmative defense of mistaken consent is inapplicable.
Robati was ultimately acquitted of both rape charges. He remained in court for sentencing on the unrelated count. The result illustrates how nuanced issues of consent and legal standards for sexual assault are in the current conversation.
“In broad terms, if the person had an honest belief that the person was consenting and it was reasonable for them to hold that belief in all the circumstances, then they have a defence,” he said.
The case underscores current debate over rape and sexual assault laws and definitions in the courts and to the public. Public attitudes toward sexual assault and consent are changing quickly but dramatically. As the law itself evolves, looser legal interpretations evolve to match these broader changes in public attitudes.
