A MOUNT Gambier man who raped his former partner while she slept will spend at least two years in jail after being sentenced for the offending.
The 28-year-old appeared in the Adelaide District Court to be sentenced after earlier pleading guilty to one count of rape.
The court heard the man and the victim were engaged in a somewhat “tempestuous” relationship.
When he was out of town, the victim sent him a message, terminating the relationship.
He did not think it was serious because the pair had broken up and reconciled on earlier occasions.
The defendant returned home significantly earlier than scheduled and made his way to her premises in the early hours of the morning.
Heavily intoxicated, he entered the victim’s bedroom, where she was sleeping next to another man.
The victim woke at around 4am to find her pyjama pants around her ankles and the offender digitally penetrating her.
Judge Peter Brebner said the act constituted rape.
“Her state of sleep prevented her from bringing her mind to bear on the critical question of whether she would then and there allow you to do what you did,” Judge Brebner said.
“Your judgment was plainly compromised by the alcohol you had consumed, but by your plea you have admitted that you knew what you were doing and that you knew it was wrong to do it.”
The man was asked to leave, but instead went to the kitchen and grabbed a knife.
He then attempted to force his way back into the bedroom whereupon an altercation broke out.
It continued until the victim and the other man fled out the window and drove away from the scene.
“You claim to be remorseful and to regret what you did, as well you should,” Judge Brebner said.
He was sentenced to three years and nine months imprisonment with a two year non-parole period.
“You can consider yourself lucky you (will not spend) longer in jail than you will be… I came very close to giving you more than I did,” Judge Brebner said.
