A man has been sentenced to a suspended jail term after he raped a Canberra sex worker during an appointment.
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Before the appointment in January last year Aaron John Miller, 40, and the woman agreed that the session would be for two hours, at a price of $780.
The session would include various extra services including kissing, hair pulling, choking, spanking on the bottom and assorted sexual positions. The woman explicitly said she would not permit a particular activity.
However, during the appointment Miller went outside the bounds of their agreement.
The woman protested and left the room and the Victorian man left the premises shortly after.
Police identified him through his credit card and when interviewed he said he had engaged in the offensive conduct because he got carried away.
"If this was put forward as any form of justification it is entirely without substance," Justice Michael Elkaim said in sentencing Miller.
"Ms CB was entitled to carry on her work with safety. She explicitly set the boundaries of the sexual activity she was prepared to engage in. The offender agreed to those limitations."
Miller pleaded guilty to a single count of sexual intercourse without consent and was sentenced in the ACT Supreme Court last week.
Justice Elkaim said he found sentencing the man very difficult.
"My initial impression is that he must serve a period of full-time imprisonment," he said.
"Sex workers, like any other employees, as I have said above must be able to carry on their professions in a safe environment where they are not in constant fear of being assaulted."
He said while there was no victim impact statement the woman obviously suffered from the experience.
A statement of facts said the woman felt "angry, shaken up and uncomfortable" by what happened as she had been anally raped years ago. The act had brought back flashbacks for her.
But Justice Elkaim also saw strong subjective features in the matter, noting Miller was a family man, had full time employment in construction and the capacity to contribute to society.
He accepted the conduct was out of character and influenced by alcohol.
He said the man must deal with his alcohol problem.
The judge also said he had been influenced by a Victorian pre sentence report that said Miller was suitable for a community corrections order administered in that state.
The judge sentenced Miller to two years jail, suspended on him entering a good behaviour order.
