Indian food delivery man accused of raping sleeping woman

Sydney, July 21, 2010

An Indian restaurant delivery driver raped a woman in her sleep in her home in this Australian city as her husband slept in the lounge, a court was told.

Amit Hamal, 21, who claims that he is a member of the Nepalese royal family, faced Sydney's Waverley Local Court Tuesday. He was charged with having sex without consent at the victim's Rose Bay home July 16.

He was refused bail and will appear in Central Local Court July 29.

Hamal was working for the Bay Leaf restaurant when the incident took place. He was nabbed at Sydney Airport Monday when he was trying to board a flight to Bangkok, Daily Telegraph reported Wednesday.

On the night of the incident, the woman and her husband had ordered Indian food but then fell asleep. Hamal arrived at their home and entered through the open front door. He is then accused of walking into the woman's room and sexually assaulting her while her husband was asleep in the lounge.

The woman had assumed Hamal was her partner when they were having sex, police prosecutor Sergeant Nicole Pinfold told the court.

It was only when she saw Hamal leave through the front door that she realised her husband was still asleep in the lounge.

Hamal's lawyer Audie Willert said that his client admitted having "consensual" sex with the woman.

Willert said Hamal went inside the home, where he saw a man asleep. After trying

to wake him, Hamal said he walked into a bedroom where the woman was asleep. He claimed that she stirred before taking off some clothing and having sex with him.

"There's no dispute he was there, he says the sexual act was consensual."

The lawyer said Hamal later called up the woman and went to her house with his wife "because he was feeling guilty about being unfaithful and wanted to apologise".

"He's either the most honest man in New South Wales, or the dumbest."

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