A barista who raped a woman while she was sleeping in her home after a night out has been sentenced to more than six years in prison.
Indra Bhandari, 29, was sentenced to jail after he attacked a woman after walking her home from a night out in the inner-Melbourne suburb of Fitzroy in March 2017.
Earlier that night, Bhandari and the woman had drinks at a pub and they later kissed in a park.
Indra Bhandari, 29, was sentenced to jail after he attacked a woman after walking her home from a night out in March 2017 (stock image)
After he walked her home, the woman had partially undressed in front of Bhandari before letting him sleep on a couch, the court heard.
The woman slept on a different couch to Bhandari and allowed him to stay the night because he had work early in the area the next morning.
Yet she woke up to find him sexually assaulting her, the court heard.
Judge Richard Smith said: ‘Look, when I was a younger man, I might’ve referred to it as teasing,’ at a pre-sentence hearing.
‘She chooses to stay on the other couch and undresses in front of the offender. It is an unusual case and I think that has to be taken into account,’ he continued.
Yet the judge ruled that kissing does not mean consent.
‘Kissing could not be interpreted as consent,’ Judge Smith told Bhandari in County Court.
‘Kissing could not be interpreted as consent,’ Judge Richard Smith told Bhandari in the County Court of Victoria (pictured)
‘You commenced your assault upon her while she was asleep and vulnerable. This was not a case of a single impulsive act. Your actions were sustained and deliberate,’ the judge said.
The jury found him guilty of having sex without consent.
While Bhandari denied raping the woman, Judge Smith said Bhandari’s denial showed a lack of remorse.
Bhandari was sentenced to six years and six months in prison.
He will be eligible for parole after four years, but is likely to face deportation after serving his sentence.