Judge praises man for an 'act of bravery' before jailing him and his friend for raping a drunk woman in a caravan after she refused a threesome
- Shaun Bloomfield was on Wednesday jailed along with Luke Merryfull for rape
- Judge Gerard Mullaly spoke about Bloomfield's rescue of father and son in 2016
- The 24-year-old was told by the Judge he was 'brave and selfless' for earlier act
- Carolyn Worth from Centre Against Sexual Assault said concepts were mixed
- Ms Worth said someone can be brave but doesn't ensure good attitude to women
A judge has sparked outrage by praising a man who raped a drunk woman in a caravan for an earlier act of bravery while sentencing him to five years' jail.
Shaun Bloomfield was on Wednesday jailed along with Luke Merryfull for the sexual assault at a 21st birthday party in Victoria in 2016.
But before Bloomfield was handed his sentence, the Victorian County Court heard the 24-year-old described as 'brave and selfless'.
Judge Gerard Mullaly spoke about Bloomfield's rescue of a man and his son at Port Fairy on the Great Ocean Road five years ago.
A judge praised Shaun Bloomfield (pictured) for saving a father and son from drowning five years ago before sentencing him for rape
Judge Mullaly said the act was being 'factored into sentencing' and stood 'in stark contrast to this earlier brave behaviour' news.com.au reported.
Bloomfield was sentenced to five years and eight months behind bars and it is not known if or how much it was lowered due to prior good character.
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Carolyn Worth from the Centre Against Sexual Assault told Daily Mail Australia that bravery does not determine character.
'I think the judge in this particular case has mixed two concepts, that of bravery and that of actually treating people respectfully,' she said.
'I think you can probably be a very brave individual but that doesn't mean you have a good attitude to women.'
Ms Worth said that being willing to rape a woman who is a 'good friend' does not show a good attitude to women.
Shaun Bloomfield (left) was on Wednesday jailed along with Luke Merryfull (right) for the sexual assault at a 21st birthday party in Victoria in 2016
'It (instead) shows that you think you have a right to take advantage of someone, when it suits you,' she said.
Fraser Cameron, Bloomfield's lawyer, told news.com.au the judge was right to 'consider any significant contributions made to the community by the offender'.
However, Mr Cameron said it was the first time in 13 years he had seen it referred to in sentencing remarks.
Bloomfield and Merryfull, both 24, previously denied they raped the woman and claimed the sex was consensual.
But a jury found Bloomfield guilty of two counts of rape and one count of sexual assault and Merryfull guilty of rape, following the 2016 attack.
The woman had intended to sleep in the caravan, but the two rapists - both then 21 - climbed in bed on either side of her.
Merryfull suggested a threesome, but the woman 'immediately and clearly' rejected it or 'any sex of any kind' with either of the men.
After Merryfull raped her, he got up and said words to the effect of: 'she's all yours now' to Bloomfield.
Merryfull claimed he was talking about the caravan, but that claim was rejected by Judge Mullaly.
Inside the Victorian County Court on Wednesday, both men were slammed by Judge Gerard Mullaly for the 'opportunistic' rape of 'a friend who trusted you to understand and accept her words'
'These words are troubling as they are revealing, in my view, of a concerning attitude towards the victim as merely an object for each of you - one after the other - to violate at your will,' he said on Wednesday.
He added Bloomfield only stopped his assault when the victim pushed him in the chest, 'forcing you to wake up to yourself'.
Judge Mullaly said he aimed to give the men sentences proportionate to their crimes and that their lawyers accepted a jail term was necessary.
'It remains, nonetheless, a grave step to send young men like you to jail but that is my heavy responsibility,' he said.
'I'm doing the best I can,' he later added.
Merryfull was jailed for four years and 10 months and must serve two years and 10 months before being eligible for release on parole.
Bloomfield was jailed for five years and eight months, with a minimum term of three years and four months.
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