AUSTRALIA, July 12: A barista who raped a woman at her Melbourne home after they kissed in a park during a night out has been jailed for at least four years.
Nepalese Indra Bhandari, 30, is likely to be deported after he serves his sentence for raping and sexually assaulting the 23-year-old on a couch at her home in March 2017.
The barista denied the charges but was found guilty by a jury.
Bhandari and the victim, who was on a working holiday in Australia, walked to her home after their night out, during which they kissed.
The woman explained to Bhandari it was just a kiss and didn't mean anything.
Undercooked Federer hopes for fast start at Melbourne Park
He offered to walk her home and the woman said he could sleep on a couch because he had work in the area the next morning.
After they returned to the woman's house, they took her dog for a walk in a nearby park, where the pair kissed again.
When they went home to sleep, the woman partially undressed in front of Bhandari and went to bed on a different couch.
She woke to find Bhandari sexually assaulting her before he raped her.
"Her evidence was that she froze, not knowing what to do," County Court of Victoria Judge Richard Smith said while sentencing on Thursday.
"The victim then demanded you leave the house. She was upset and began to cry."
Judge Smith described the offending as "opportunistic rather than planned or premeditated".
"You commenced your assault upon her while she was asleep and vulnerable," he said.
"This was not a case of a single impulsive act. Your actions were sustained and deliberate."
He added the kissing earlier in the evening could not have been interpreted by Bhandari as consent to foreplay or intercourse.
"She lives in fear. She has made changes in her life such as not getting home late ... or talking as she used to with strangers."
Bhandari was sentenced to six-and-a-half years in jail and must serve at least four years before being eligible for parole. Thereafter, as a non-Australian citizen, he may be subject to deportation.
