Rapist ‘distressed’ to learn his male victim had HIV
A FORMER Sunshine Coast man was "distressed and upset" when he found out the man he raped had HIV.
Phillip Donald Jason's first sexual encounter with another man started off as consensual sex but led to him "crossing a line" and being charged with rape, Brisbane District Court heard.
The victim asked him to stop, but he did not stop straight away.
Later, after being arrested, Jason, 48, was told his victim was HIV positive.
"He was first made aware of that after he was arrested … and he was obviously distressed and upset," his defence lawyer Andrew O'Brien told the court on Wednesday.
During Jason's sentencing hearing, Mr O'Brien asked Judge Fleur Kingham to take into account that his client had to undergo six months of medical tests before he was given the HIV all-clear.
But Judge Kingham said this was not relevant.
"It's a consequence of him consensually engaging in unprotected sex," she said.
Jason pleaded guilty to rape, stealing and common assault from the incident that occurred in June last year in Brisbane.
Judge Kingham said this rape charge was different to others because in this case the sex was consensual at first and that the consent was then withdrawn.
She also said he had a significant criminal history and had spent a lot of time in jail.
This was his first offence of a sexual nature, she said.
Judge Kingham said Jason had already spent about eight months in custody for these offences, because he had been refused bail.
She sentenced him to two and a half years jail and said he would be immediately eligible for parole.
A parole board will determine whether Jason should remain behind bars or be released with strict conditions.
- APN NEWSDESK