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ABC News
ABC News
National
By Iskhandar Razak

'Kissing is not consent': Barista jailed for raping colleague in her sleep

A barista has been sentenced to more than six years in jail for raping and sexually assaulting a colleague in her Melbourne home while she slept.

Indra Bhandari, 29, attacked the 23-year-old woman after walking her home from a night out.

The pair had been drinking in a pub at Fitzroy, in inner Melbourne, and had kissed in the pub and in a park.

The County Court heard the woman partially undressed in front of Bhandari and then gave him permission to sleep on a couch.

The victim shared a bedroom with another woman, and decided to sleep on a different couch to Bhandari, but woke up to find him sexually assaulting her.

In sentencing, Judge Richard Smith told Bhandari the "kissing could not be interpreted as consent" and the woman had a "right to feel safe in her own home".

He said there were a number of aggravating factors, including that Bhandari "did not wear a condom, exposing the victim to sexually transmitted diseases and unwanted pregnancy".

The Nepalese man had denied raping the woman but a jury found he had sex with her without her consent.

Judge Smith said Bhandari's denial showed a lack of remorse, and the penalty had to be serious because the victim had been emotionally hurt.

He sentenced Bhandari to six years and six months in prison.

"She lives in fear and had become joyless and reclusive," he said.

Bhandari was taken to immigration detention after the rape allegations were made and has spent four months detained on Christmas Island.

He will be eligible for parole after four years, but is likely to be deported on release.

The maximum penalty for rape is 25 years in jail.

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