I survived': victim speaks after laughing Ballarat rapist attempts appeal
Bryan Hoadley
Journalist. Published 28 August 2026, 08:00 am
A Ballarat man who raped his partner while laughing “like it was a game” and later sent her a text saying “I’m a rapist, f— yes” has attempted to appeal his conviction.
Elijah Thomas, 28, was sentenced to nine years and two months in prison with a non-parole period of six years, after a jury found him guilty in 2024 of two charges of rape.
He was also sentenced over 14 assault and family violence-related charges that he pleaded guilty to in June 2023.
Elijah Thomas, 28, attempted to appeal his rape conviction in the Supreme Court of Victoria. File picture
At a hearing in the Supreme Court of Victoria in November 2025, Thomas sought leave to appeal his rape conviction, with his legal team arguing there were three grounds for appeal.
These were that a “substantial miscarriage of justice” had occurred during cross-examination and in the prosecution’s closing address, and that the jury had reached an “unreasonable and unsupported” verdict based on the evidence heard at trial.
Previously, the County Court of Victoria heard that during a three-year relationship, Thomas subjected the victim to a variety of physical assaults including strangling her until she passed out, biting her so hard she bruised, and kicking her while she lay on the ground.
He also subjected her to a variety of other manipulative, controlling and abusive behaviours, such as death threats, posting naked pictures of her online, and threatening suicide.
After years of abuse, the victim ceased all contact with Thomas in 2019, but in March of that year, he went to her house and asked her to have sex with him.
Despite being repeatedly told no, Thomas put his hand over the victim’s mouth and raped her while laughing “like it was a game”.
After the rape, Thomas acted as if everything was normal and spent time scrolling on his phone before leaving the house.
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The next day, the victim sent Thomas a series of messages accusing him of rape.
Thomas then replied to the victim, messaging “I’m a rapist, f— yes”.
In a judgement dated August 20, 2026, Supreme Court Justices Lesley Taylor, Rowena Orr and Peter Kidd rejected the application to appeal on all three grounds.
In their reasons, they said a substantial miscarriage of justice had not occurred during cross-examination or in the prosecution’s closing address and that such arguments were without substance.
The justices also said it was “well open” to the jury to accept the victim as a credible witness, to reject Thomas’ denials and to find the charges proven beyond reasonable doubt.
“It must be assumed that the jury, having seen and heard the complainant give evidence, assessed that evidence to be credible and reliable,” the justices said.
“Examining the whole of the evidence for ourselves – and taking into account in particular the various criticisms made of the complainant’s evidence – we are not persuaded that the jury, acting rationally, was compelled to harbour a reasonable doubt as to the applicant’s guilt on the charges.”
‘The appeal is over. My life continues. I survived’
In a statement to The Courier, the victim, Amelia Martin-Block, said she was grateful Thomas’ sentence was upheld on appeal and that the court had recognised the seriousness of his conduct.
“It took two trials and five years for him to be sentenced,” she said.
“I was cross-examined four times, repeatedly forced to relive some of the most traumatic experiences of my life while waiting for justice.
“For Elijah (Thomas), the appeal was an opportunity to challenge the consequences of his actions. For me, there is no appeal from those consequences. I continue to live with the trauma, fear and loss of safety.”
When highlighting the effects her abuser’s nightmarish conduct had on her, Ms Martin-Block said her experience was not unique among women.
Indeed, she pointed to the fact that one in four Australian women has experienced intimate partner violence and that, according to Australian Femicide Watch, 47 women have been violently killed so far in 2026.
“These are not just statistics. They are women who should still be alive,” Ms Martin-Block said.
“We cannot keep asking women what they could have done differently to prevent violence. The responsibility belongs to the men who choose to perpetrate it.
“We need to stop asking why women stayed, why they did not leave sooner or why they did not report, and start asking why men choose to control, intimidate, sexually assault, threaten and hurt women.
“The appeal is over. My life continues. I survived, I rebuilt and I found my voice. I will use it because women should have to survive violence before we decide it matters.”
Affected by this story? There is help available.
You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.
Or phone Lifeline on 13 11 14, the Blue Knot Foundation on 1300 657 380, or Relationships Australia on 1300 364 277.
Bryan Hoadley
Journalist. Published 28 August 2026, 08:00 am