July 8, 2026 — 11:59amA woman’s years-long fight for justice has culminated in her convicted rapist avoiding jail and a judge rejecting her protection, leaving her feeling unsafe.The sentence comes as Justin Downs’ extensive criminal history can be revealed, which includes domestic violence, drink-driving and breaching court orders. He received harsher penalties for some of them than for this rape.Anastasia Treharne, pictured outside court after her attacker’s sentencing, feels let down by the justice system.Kate GeraghtyDowns’ trial was the second time Anastasia Treharne says she was thrown into the machine of the legal system – her best friend’s father was jailed for raping her when she was 16.In what Judge Justin Smith described as an unacceptable delay – nearly four years after Downs was charged and 12 months since he was found guilty – he has learnt his punishment: essentially a good behaviour bond.The 28-year-old was sentenced to a three-year supervised community correction order (CCO) with 100 hours of community service at Downing Centre District Court on Wednesday. Less than a minute after the Crown applied for an apprehended domestic violence order (ADVO) to protect Treharne, the judge rejected the application, citing no “evidence of any continuing threat or fear”.“I just feel so let down ... it makes me feel genuinely unsafe,” Treharne said outside court, referring to Downs avoiding jail and having no order preventing contact with her.Justin Downs arrives at Downing Centre District Court on Wednesday.Kate GeraghtyAsked about the judge’s remark that there was no evidence of fear, Treharne said: “It’s not how I feel. I was never asked that.”Treharne and Downs met on a dating app in mid-2022. During a date at Downs’ home a few days later, Treharne withdrew her consent from what began as consensual sex. She told the jury that she was crying, said stop multiple times and was in pain, but Downs continued. When she got her chance, she left and was rescued by a friend. She was examined in hospital and made a report to police.A jury found Downs guilty of one of four counts of rape and acquitted him of the remaining three.On Wednesday, Smith said that he found it “difficult to reconcile varying verdicts” as the jury found some acts were consensual. He concluded that Downs may have thought Treharne was responding to him pulling her hair when she said stop and expressed pain.Justin Downs leaves Downing Centre District Court after his sentence submissions.Sitthixay Ditthavong“At one point, that belief became unreasonable,” Smith said, adding that he found the crime was “not deliberate or planned or done with disregard to the victim”.Describing conflicting feelings of dealing with the legal system, Treharne said she would do it again given Downs’ conviction, but also felt that it was not worth her trauma.“The last four years have been just a complete waste of my time and my energy, and it has consumed my life,” she said.“To then have it thrown back in my face like that is just really disappointing.”“It is just really disappointing”: Anastasia Treharne on her attacker’s sentence.Janie BarrettTreharne recently detailed to this masthead the crushing isolation of being treated like a mere witness and not a victim during her pursuit of justice.She described how the reliance on rape myths, exhausting delays and the dehumanising, isolating nature of the justice system left her and her family financially and emotionally drained, ultimately making her question whether enduring the trial was worth the mixed verdict.A history of sexual assault, domestic violence and drink-drivingDowns’ criminal history is littered with domestic violence, drink-driving and breached orders.Court records begin in 2018 with a two-year apprehended domestic violence order (ADVO). Six months later, he pleaded guilty to two counts of domestic violence-related property destruction, receiving a 12-month conditional release order (without a recorded conviction) alongside a second two-year ADVO. A 2019 charge of assault occasioning actual bodily harm (DV) resulted in a not-guilty finding.Three years later, Downs was charged with several counts of raping Treharne, though he would not face trial for years.In September 2024, Downs made headlines when he was sentenced to a 30-month community correction order (CCO) for throwing his ex-partner’s pet snakes onto a street. The incident, paired with a mid-range drink-driving conviction, triggered a third two-year ADVO. Upon appeal, his sentence was reduced to a 12-month CCO.Last September, he was sentenced for high-range drink-driving, middle-range drink-driving and driving while disqualified. These fresh charges, which breached existing CCOs, resulted in his harshest punishment yet and a close brush with prison – a 16-month intensive correction order. This is a harsher penalty than he received on Wednesday for rape.Defence argued community deterrence was ‘not priority’Arguing for a CCO in sentencing submissions last month, Downs’ defence team said there must be space for these crimes to be dealt with outside of custody.Noting the very serious maximum penalty and lack of remorse, Smith asked how such a punishment would address community deterrence. The lawyer responded that the need for deterrence did not take priority in this case.The judge later agreed that the offence was “at the lower end of objective seriousness”.Prosecutors argued that a CCO was entirely inadequate in a case of “forcible ... penetration”.Downs, who was supported in court by a woman and child, stood emotionless as the sentence was delivered.Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732). Anyone affected by sexual, domestic or family violence can also access 24/7, free and confidential trauma-specialist counselling through Full Stop Australia (1800 385 578).Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.More:CourtsCourtsCourtsCrimeCrimePoliceLawFor subscribersFrom our partners