A CENTRAL COAST man who raped a woman in her own home, refusing to take no for an answer, has been jailed for four years.
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The 31-year-old man was found guilty by trial in May 2021 of four counts of aggravated sexual assault at her home in Woy Woy in October of 2019.
In sentencing him to prison, District Court Judge Alister Abadee said the offender embarked on a "pre-determined course" to have sex because he wanted it, without reference to what the victim wanted.
"Although not a naturally violent person, I consider that he arrogantly felt that he could have his way with her, regardless of her opposition, manifested verbally and by her conduct."
The pair had been friends, both working in the disability sector on the Central Coast, and had previously had a casual relationship.
They had been communicating via social media, and exchanged sexually explicit messages and images, but while the woman said she was happy to engage casually with him, she was concerned that he may have been cheating on a partner, and she did not want to feel used, or taken for granted.
On the morning of the incident, October 29, 2019, the victim had been to the gym and returned home. The offender had been at work but left early and texted her wanting to come over.
She told him via text message that he could come over but she did not want to sleep with him. He arrived shortly after midday. Inside her room, the pair started kissing but when she then tried to push him off and told him 'no' he did not desist.
At one point he said to her "Can you at least enjoy this for me", the judgement said, based on evidence presented at his trial.
The woman repeatedly tried to push the man off, and at one point told him to 'hurry up and finish'. Afterwards, in "significant distress", she sent text messages to him, complaining about what he had done, as well as to her mother.
The fact they had previously had a casual sexual relationship did not mitigate his offending, Judge Abadee said, and he did not find there was any 'initial consent' by way of a mitigating circumstance taking into account her text messages to him before and after the assault.
While the offender later apologised, he lacked insight into the impact of the assault and the judge said he was unable to find genuine remorse reflecting the offender's acceptance of responsibility for offending.
" ... he arrogantly felt that he could have his way with her; regardless of her opposition, manifested verbally and by her conduct."
- District Court Judge Alister Abadee
Judge Abadee sentenced the man to prison for four years, from July 11, 2021, with a non-parole period of two years and four months, ending on December 5, 2023.