A man who raped a woman in an Adelaide Aquatic Centre spa has been sentenced to five years in prison, with the judge warning "like-minded men" needed to be warned that anyone who sexually assaulted a woman in that way would be jailed.
Hayas Kardo, 63, was found guilty of raping and indecently assaulting Megan Bales in a spa in September 2018.
Ms Bales — who has given permission for ABC News to name her — had gone to the Adelaide Aquatic Centre to relax after working long hours as a head chef.
As she started relaxing in the corner of the spa, she fell asleep.
CCTV footage shows Kardo edging closer towards her in the spa over the next 40 minutes, before Ms Bales awoke after feeling Kardo raping her.
Ms Bale's DNA was under Kardo's fingernails.
"You watched her leave the spa and then you left the spa; you did not stop to put your shoes on," Judge Liesl Chapman said during sentencing.
"You got a towel from your backpack and put it over your head.
"That was an odd thing to do given that your head had not been under the water.
Judge Chapman said Kardo — who continued to deny the crime — was motivated by personal sexual gratification.
She said it was concerning he had denied his offending and had no empathy towards Ms Bales but believed he had still learnt a lesson and was a low risk of re-offending.
"You have not admitted your offending, that may be because you feel you'd lose the support of your community by making such an admission," Judge Chapman said.
"Going to trial meant that [Ms Bales] had to relive the events of that day again and again.
"She would love to hear you apologise for what you did."
'All women are entitled to feel safe'
Judge Chapman said the head sentence of five years' jail and non-parole period of two years and four months needed to deter "like-minded men".
"All women are entitled to feel safe and be safe in public and private places," Judge Chapman said.
The District Court heard Ms Bales had worked her way up to become a head chef but could no longer hold down a part-time job due to the "crippling anxiety and panic attacks" she now suffered as a result of the rape.
Judge Chapman praised the 27-year-old.
"You are a strong woman and we need all the strong women out there that we can get," Judge Chapman said.
"Your ability to achieve your career as a head chef is really impressive.
"I hope you can get back there."
She said Kardo — who arrived in Australia as a refugee — had been a "productive Australian citizen with a strong work ethic".
Before his arrest, he was a taxi driver in Adelaide and the president of the SA Kurdistan Association for more than 10 years.
Judge Chapman found Kardo suffered from undiagnosed post-traumatic stress disorder from experiencing many war atrocities and for his numerous near-death experiences as a Kurdish freedom fighter, and said it was important he sought treatment.
The court heard Kardo had been assaulted in prison and Judge Chapman conceded he would have a hard time behind bars.
Outside court, Ms Bales said she was pleased with the sentence.
Kardo — whose sentence was backdated to November last year — will be eligible for parole in two years.
