Danish man gets deported for rape

A DANISH national will be deported after he pleaded guilty to raping a fellow backpacker on a drunken night at Mission Beach.

Mathias Muller, 19, was in the Far North on a work visa.

However, his trip of a lifetime came to a crashing halt after he raped a 21-year-old UK woman at the Mission Beach hostel the pair had been staying at on October 22 last year.

Crown Prosecutor Nigel Rees said both Muller and the woman were heavily intoxicated.

She had been affectionate and flirtatious with Muller the night before.

The Cairns District Court was told that about 1.18am the pair had what Muller believed was consensual sex. Muller is not charged over this incident.

Two-and-a-half hours later, Muller had sex with the woman again believing it was consensual.

She woke up while he was having sex with her.

“All of this is caught on camera,” Mr Rees said.

“He claimed he was under the belief that (the complainant) was consenting ... but admitted that by that point she appeared to be asleep and didn’t seem to respond to his action.

“Muller also admitted that he did not believe (she) could consent to him having sex with her while she was asleep or unconscious.”

Defence barrister Tony Glynn said his client had no convictions anywhere in the world.

He was supported in court by his father, stepmother and twin brother, who travelled from Denmark.

The court was told that Muller had spent about 30 days in Lotus Glen before spending seven months at an immigration detention centre after his visa was cancelled as a result of the incident. This was the first time Muller had travelled away from Denmark.

Mr Glynn said six references, tendered on his client’s behalf, described the matter as “out of character”.

Muller was jailed for two years and five months immediately suspended.