A man, jailed for almost six years for sexual intercourse without consent, has shown "no remorse or empathy", a court has heard.
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Aidan Creed Kelly, 21, of Crookwell, was sentenced at Goulburn District Court on October 28. Kelly was found guilty by a jury earlier this year.
Judge Julia Baly told the court Kelly, who was 19 at the time, had sex without consent, knowing the victim was not consenting on November 23, 2019.
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She said on the night of the offence, the victim went to a licensed premises in the Southern Tablelands with friends for a night out. The judge said that's when the group met Kelly who "they did not know".
Judge Baly said CCTV footage previously played to the court showed Kelly "was sexually interested in the victim [but] she was not interested in him".
"She had no interest in the offender at all, he intruded on the night out with her friends," she said.
The magistrate said the group, including Kelly, later left the premises and continued drinking at a friend's house.
She told the court Kelly was intoxicated and removed his clothes saying his penis was a "grower" and he was going to "smash" the victim.
The judge said the victim went to sleep in a spare room with a male friend while Kelly slept on the lounge. She said that morning, the victim's friends left early with Kelly still asleep on the lounge and the victim asleep in the other room, a closed door was between them.
"The victim awoke to Kelly having sexual intercourse with her while asleep," Judge Baly said.
The judge told the court that when the victim awoke, she pushed Kelly off with her hands and sent a text to a friend saying she had been raped. The friend then called the police and an ambulance.
In a statement read aloud to the court, the victim said she had developed an eating disorder, was not able to sleep and found it difficult to trust people since the offence.
"I was strong, independent now I am feeling angry, weak and have lost all direction," the statement read.
Crown prosecutor Christopher Todd argued Kelly had shown "no remorse or empathy" and "does not accept in the face of evidence that his actions were wrong".
Judge Baly rejected Kelly's claims the victim had "actively invited him" as "absurd" and "plainly untrue".
"[Kelly] simply decided he was going to have sexual intercourse with the victim," she said.
The judge said Kelly "knew the victim did not consent" and had "exposed her to diseases".
She told the court the offence was an "arrogant and audacious crime".
Judge Baly outlined that Kelly, who was born and grew up in Canberra, was a carpenter with a "fractured" upbringing. She found that while Kelly had experienced "disadvantage" as a child it did not reduce his moral culpability.
In sentencing, Judge Baly took Kelly's young age and jail experience into account.
She said there was evidence Kelly had been recently assaulted in Goulburn jail resulting in chipped teeth. She also took current conditions due to COVID-19 restrictions into account.
Kelly was convicted and jailed for five years and nine months, with a non-parole period of three years. Kelly maintains his innocence and has lodged an appeal.
