Man gets five years for drunken rape of housemate's sleeping boyfriend
A man has been jailed for more than five years for raping his housemate's boyfriend after a drinking session.
The 50-year-old, who cannot be named so as to protect the identity of his victim, was found guilty by a jury of two counts of rape and one count of sexual assault at the Hampton East property in March 2017.
The victim had been drinking alcohol with his boyfriend and the partner's two housemates before going to sleep.
He woke to find the man engaged in sex acts with him.
When the victim realised it wasn't his boyfriend, he swore and threatened to hurt his attacker unless he stopped.
The rapist told police that oral sex had been consensual and denied any other acts took place, but a County Court jury didn't agree.
Despite continuing to protest his innocence, the man has agreed to participate in a sex offender program.
Sentencing Judge Lisa Hannan on Monday noted the man accepted he had a binge drinking problem and was undergoing treatment in prison.
"It is best seen as indicating that while you do not accept that you committed the offences, you are aware that there are issues relevant to what occurred, with which you need to deal," Judge Hannan said.
"Your prospects [of rehabilitation] are very good provided, of course, you come to accept the wrongfulness of your conduct."
The man was jailed for five years and two months, with a non-parole period of three years.
He has already spent 60 days in jail.
AAP