A man who broke into his neighbour's Wendouree West home while she slept and raped her almost 30 years ago has been jailed.
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Brett Braddock, now 57, and a second offender, whose identity remains unknown to police, entered the woman's bedroom while she was sleeping and each raped her while the other was restraining her and covering her mouth.
The men were disguised with masks and gloves and the co-offender threatened to kill the victim's five daughters, who were sleeping in the rooms next door, if she did not stay silent.
Braddock was sentenced to 12 years and two months' imprisonment at the County Court of Victoria on Wednesday.
He must serve nine years before being eligible for parole.
In sentencing Braddock, Judge Patricia Riddell said she agreed with the prosecutors this rape was every woman's nightmare.
She described the incident, which occurred between 4am and 5am, as predatory, planned and terrifying. She said the men showed complete disregard for her integrity.
The judge said Braddock's intrusion into the victim's home and body must be reflected in the sentence.
"No matter how long ago, it is offending which horrifies and shocks the community. It offends our sense of safety and the sanctity of our homes. It is an assault on bodily integrity. It is behaviour which deserves condemnation and condign punishment," Judge Riddell said.
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Braddock was linked to the cold case in January, 2019, after he became a person of interest and provided a sample of his DNA to investigators.
Police found seminal stains on the victim's nightgown and fitted sheet which were forensically examined.
Braddock's voluntary DNA sample showed an extremely strong match, 100 billion times more likely he was the contributor of the DNA on the sheet.
Braddock was arrested at his Sea Lake home on April 2, 2019.
He pleaded guilty to one charge of burglary with the intent of committing a sexual assault and two charges of aggravated rape, one charge relating to the act of committing the rape and the other to aiding the co-offender.
Braddock, who was 26-years-old at the time of the offending, broke into his neighbour's home in Wendouree West with a co-offender in July, 1990.
Braddock and the co-offender entered the victim's bedroom between 4am and 5am and placed a hand over her face to wake her up.
The victim, 38, asked "who are you?" and the co-offender said "I am your secret admirer, take off your pants". The co-offender said if she did not do as she was told he would kill her children.
Braddock covered the victim's mouth and told her to touch his penis while the co-offender raped her. Braddock then rolled the victim over so she was face down on the bed and anally raped her.
The co-offender told the victim he knew she had a 16-year-old daughter. Braddock then restrained the victim by holding down her arms and the co-offender also anally raped her.
Before leaving the bedroom, the co-offender said "lie still and don't tell anybody or I will kill the kids".
The victim went into her daughter's bedroom and told her what had happened, upset and shaking. The victim then spoke to her mother and decided not to call the police, fearing the offenders would carry out their threats.
Judge Riddell said this showed the victim's fears were so grave that Braddock and his co-offender were going to carry out their threats.
"That is the instincts of a terrified mother at its highest," she said.
The victim's daughter spoke to a neighbour about the incident and they phoned the police.
The victim and her children were forced into crisis accommodation and forced to relocate permanently following the incident. The victim said the incident had had an awful impact on their lives.
"These facts show how offending has lasting impacts of victims and those around them. The neighbour said her daughters would not sleep at night," Judge Riddell said.
The judge said she took into account Braddock's guilty plea, his pre-existing health problems and the COVID-19 situation in prisons.
These facts show how offending has lasting impacts of victims and those around them. The neighbour said her daughters would not sleep at night
- Judge Patricia Riddell
She told Braddock a delay in charging him had meant he had been able to live a better life but this had meant the victim had waited for her attacker to be found. Braddock still has the support of his wife and three daughters.
Judge Riddell said she agreed with a doctor's conclusion Braddock was a low risk of any further sexual offending. He had not committed any other sexual offences since the rape 29 years ago.
But the judge said she was concerned Braddock could not give any explanation for the offending and could not remember it.
Judge Riddell said Braddock's offending was in stark contrast to the rest of his life and said he was described as a loving family man.
She told Braddock, to say the uncovering of these offences had shocked those close to you would be an understatement.
The judge acknowledged the investigative work of police informant Ballarat police Detective Senior Constable Paul Jolly, cold case unit's Detective Senior Constable Phil Drews and forensic scientists in solving the case.
Judge Riddell did not place Braddock on the sex offender's register but he must undergo sex offender treatment while in custody.
If he did not plead guilty, Braddock would have been sentenced to 16 years and six months' imprisonment with a non-parole period of 13 years and three months according to the judge.
He has served 36 days of his sentence in pre-sentence detention.
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