Car park rapist to serve nine more months behind bars

Sarkis El Bayeh thought a younger woman he met on a night out in Sydney's east wanted to have sex with him after he led her into a nightclub car park and kissed her.

El Bayeh, 39, will spend at least nine months in prison for subsequently orally raping the woman in a stairwell near the Bedouin Restaurant in Double Bay in the early hours of May 30, 2021.

A few hours earlier, a friend of the victim introduced her to the Parramatta man during a night of clubbing.

After El Bayeh invited the victim and her friends outside the Bedouin to do lines of cocaine, he and the victim became separated from the others in an adjacent car park.

He asked if she wanted to do some more cocaine with him.

"If we go and have another line, you promise that's all it is?" she asked.

"Yeah, I promise ... do you think I would do something?" he replied.

After snorting more cocaine, the 39-year-old then started kissing the victim, putting his hand down her shirt and trousers, before shoving her down onto the stairs as she said "no, please no".

From this moment, it was found El Bayeh should have known the woman was not consenting.

At one point, he asked if she was OK, but did not wait for a reply, instead continuing with the sexual assault and causing her to gag.

Returning to her hotel in the Sydney CBD after the rape, the victim told another friend what had happened.

"I hooked up with a guy. He forced his c*** in my mouth. He put it in my mouth and I didn't want it," she said.

Judge Sarah Hopkins stressed the serious nature of the crime as she handed down a total sentence of two years and four months in Downing Centre District Court on Friday. 

While the rape was not violent in nature, non-consensual sexual intercourse is in itself an extreme form of violence, she said.

El Bayeh's previous record of domestic violence and stalking convictions demonstrated a pattern of menacing behaviour towards women, Judge Hopkins said.

But she also noted his genuine remorse, good prospects of rehabilitation and low risk of reoffending as mitigating factors to his sentencing.

"The fear, trauma and pain I caused the victim is something she will have to live with for the rest of her life," Judge Hopkins quoted El Bayeh as saying.

His guilty plea resulted in a five per cent discount off his sentence, as well as a further four-month reduction for time already served in jail and with onerous bail conditions.

El Bayeh will be eligible for parole on February 4, 2024.

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