Lawyers push for shorter sentence for rapist Ralph Carr

Disgraced celebrity agent and convicted rapist Ralph Carr is experiencing "a living hell" in prison and should be entitled to a reduced jail sentence, his lawyers say.

Last month, a jury found Carr guilty of two counts of rape and one count of sexual assault over an attack against a woman in March 2023.

While in his bedroom, the woman said Carr groped her and then sexually penetrated her against her consent. The attack ended after she punched him in the face and called him "a f***ing rapist".

On Monday, Carr was brought before the County Court for a pre-sentence hearing, which was largely dominated by legal arguments from the defence.

He sat in the dock without his trademark black wig, sporting a shaved head, black-rimmed glasses and a grey prison tracksuit.

He spoke softly when asked to confirm his personal details. He stated his address and described his occupation as a "manager", before misstating his age as 67. Carr's actual age is 66.

Carr is planning to appeal the jury's verdicts, and in sentencing submissions, defence barrister Dermot Dann KC said the attacks Carr was found guilty of only lasted a matter of seconds.

"This must be the shortest incidents of rape that's come before the courts," he said.

Carr in solitary conditions in prison, court hears

Mr Dann KC said his client had a history of PTSD, anxiety, depression and previous suicide attempts.

He said a jail term would weigh more heavily on Carr than a person in normal health, and that prison would have a significant adverse impact on his mental wellbeing.

After last month's verdict, Mr Dann said, Carr repeatedly bashed his head into a wall, his blood pressure soared, he experienced panic attacks and had trouble sleeping.

Mr Dann said his client described being kept in his protective custody cell for 23 hours a day as "a living hell" and believed his career had been "destroyed" by negative publicity.

"The damage to his career has been done because his career relied on public relations, connections, knowing the right people at the right time, creating opportunities for his clients," Mr Dann said.

Mr Dann argued the sentence should be moderated because of concerns Carr's prison isolation could continue indefinitely, a notion Judge Frank Gucciardo disagreed with.

The judge, who stated that he did not agree with solitary confinement in nearly all cases, said he had to trust prison authorities would only keep Carr in those conditions for an "appropriate" time.

Under cross-examination, Carr's psychiatrist Jacqueline Rakov criticised the level of medical care the 66-year-old was receiving in custody.

"I would not say they're well-equipped or well-experienced," she said.

Later Dr Rakov conceded it was possible reports she'd written about Mr Carr contained bias, because she had a dual role of treating him and providing independent expert evidence to the court.

Carr expected to ask to delay sentence

Carr retained the support of his siblings, second wife and three children, Mr Dann said, and clung to hope he would be acquitted on appeal.

His lawyers are also preparing to put forward a rare application to stay — or delay — his sentence, a move that could see Carr freed on bail if successful.

Prosecutors will get the chance to address the court on Tuesday.

The woman Carr attacked was not present on Monday and has not authored a victim impact statement, the court heard.

The rape trial centred around events on March 23, 2023 when Carr and the victim spent the evening socialising, drinking and taking drugs.

The pair had known each other for about a year and she had repeatedly rejected his sexual advances, the trial heard.

Carr denied the allegations of rape and improper behaviour, and fought the charges at trial.

The jury found him guilty after hearing testimony from the woman, and witnesses including her mother, police officers who attended the scene and a couple who spent time with Carr and the woman earlier in the night.

Carr's identity now public

The media was unable to name Carr as an alleged rapist for nearly three years because of a suppression order granted on mental health grounds.

Carr was finally unmasked on August 3 when his legal team abandoned a bid to keep the gag order in place.

In the aftermath, Carr's current and former clients distanced themselves from him.

Last week, the Labor state government pledged to amend Victoria's Open Courts Act to limit the use of suppression orders if re-elected, so that "convicted rapists can't hide behind a mechanism intended to protect victim-survivors".

The Liberal Party has also promised legislative reform to tighten how accused criminals can apply for suppression orders.

Neither party has outlined specific wording changes to the Act.