A man "preyed" on an unconscious woman's vulnerability when he raped and indecently assaulted her in what a judge has described as a "prolonged violation".
"Consent to sexual activity is fundamental to bodily autonomy; it should not ever be taken or assumed to exist," Justice Louise Taylor said in an ACT Supreme Court judgement published on Monday.
"In this case, the offender completely ignored the right of the victim to have any say about what should happen to her body."
The protracted sexual assault occurred in the woman's home, while her children slept in the next room, and was captured on CCTV.
Benjamin Rue, 44, previously pleaded guilty to sexual intercourse without consent and committing an act of indecency without consent, with both charges rolled up to cover multiple acts.
Rue was last week handed a jail sentence of three years and five months, with a non-parole period of one year and 10 months.
"It involved deliberate exploitation of the victim's vulnerable state," the judge said.
Rue attended the victim's home, where the woman sold drugs on occasion, in the early morning of July 27, 2020, when he purchased gamma butyrolactone, or GBL.
The pair used the amphetamine in a bed situated below the CCTV camera, which the victim activated that morning due to having a "weird" or "bad" feeling.
The offending that made up the act of indecency charge lasted approximately 44 minutes, during which the woman remained "entirely unresponsive, appearing unconscious".
"During which time the offender intermittently touched the victim's vaginal area and legs, stopping only when she appeared to stir or regain consciousness," agreed facts state.
Justice Taylor said Rue could be seen "testing the waters" on multiple occasions and the more contact he made with her body without response, "the more emboldened he appears to become".
The judge said the conduct appeared to be carefully timed and controlled "so as to not completely rouse the victim".
Rue then raped the woman in multiple ways.
Justice Taylor said she was not satisfied Rue knew the victim was unconscious during this offending but that his moral culpability remained high.
That is, because he knew she had ingested GBL and that she had been very recently unconscious.
Agreed facts state the victim "started to become more responsive" during this offending and that her actions included suddenly sitting up "in shock" before lying back down.
The victim only recalled regaining consciousness while Rue was raping her.
In a victim impact statement not read out in court, the woman detailed the detrimental affects of the offending on her mental health and said she constantly feared for her safety.
As a result, she now suffers from post traumatic stress disorder.
Justice Taylor did not find that Rue was significantly affected by GBL during his crimes.
"His movements are sure and certain. He does not appear to be struggling to maintain consciousness or to control his physical movements," she said.
The judge accepted Rue's remorse and said the man had accepted responsibility for his "opportunistic and predatory" behaviour, which he described being appalled by.
Justice Taylor said an intensive correction order, served in the community, was not a realistic option for Rue due to his "total inaction" to address his drug use, at least since his arrest in November 2022.
"If the offender is able to successfully address his drug use I am satisfied he has a very good prospect for rehabilitation," she said.
Rue will be eligible for parole in July 2025.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525.
