A man has lost his appeal against his conviction for predatory gang rape. Adam Kabbout, 28, was found guilty of bringing three friends to his Tinder date's western Sydney home in April 2022 and ordering them to sexually assault her.
Kabbout had matched with the 22-year-old woman on the dating app eight months prior to the incident. He drove to her apartment with his three associates. Initially entering alone, Kabbout later admitted the other men into the residence while the woman was showering. Upon emerging from the bathroom, the woman found three strangers in her living room.
Despite her repeated protests, including "No, I don't want to," Kabbout allegedly directed her into her bedroom with the other men, instructing her to perform sexual acts. The woman complied with requests from three of the men while crying and stating she did not want to proceed. One of the co-accused then sexually assaulted her twice. Kabbout was reported to have watched and encouraged the assaults.
Police arrested Kabbout and his accomplices two months after the event. A subsequent trial in the NSW Supreme Court heard evidence including a five-second video taken on one of the assailants' phones. The recording captured the victim resisting an attacker, stating "I don’t want..." and then "I don’t want to" as he attempted to force her head towards his penis. She also swiped at his arm.
Kabbout was convicted on four counts of aggravated sexual assault in company as a participant in a joint criminal enterprise. He was acquitted of two similar charges. His appeal argued that the verdicts were unreasonable, citing a failure by the prosecution to prove "directorial acts" and questioning the credibility of the victim's testimony due to alleged inconsistencies.
The NSW Court of Criminal Appeal dismissed the appeal, ruling that the jury was entitled to accept the victim's account after hearing evidence from both parties. The court noted that it was "well open to the jury to reach the verdicts against the applicant which they did."
In November 2024, Kabbout was sentenced to six years and six months in prison, with a non-parole period of three years and three months. His sentence commenced on July 23, 2023, due to bail conditions considered quasi-custody. His non-parole period is scheduled to expire on October 22, 2026.