Rapist awaits ACT Magistrates Court sentence for indecent assault of friend

"Being violated physically and taken advantage of at my most vulnerable was mortifying," the indecent assault victim said in an ACT Magistrates Court sentencing hearing on Monday.

"I was hurt by someone I completely loved and trusted."

The 28-year-old offender, who cannot be named for legal reasons, is currently serving a three-and-a-half-year jail sentence for the separate rape.

He denied the charge but was found guilty by a jury earlier this year.

He has pleaded guilty to one act of indecency without consent relating to his latest matter after an incident in the early hours of April 18, 2021.

The offender and his victim, whom he had met through work, went home together after each being out in Civic.

"You can come over but we are not having sex," she said.

The pair went to bed "cuddling" but after saying goodnight and attempting to fall asleep, the offender touched the woman's genitals inside her underwear for about 10 to 20 seconds.

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In her victim impact statement, the woman told the court she "completely spiralled", lost a considerable amount of weight, left her job and moved following the assault.

"I had to move houses to a place that is completely clean of you," she said.

"What I took from that night was that it was unsafe to sleep next to a man in bed."

In February, a jury found the offender had raped and indecently assaulted another friend he met at the same workplace.

In that case, Chief Justice Lucy McCallum said the offender had "waited strategically until he thought the victim was asleep" to assault the 18-year-old woman in June 2021, as he laughed in parts.

That victim told the man she did not want to engage in any sexual activity before the pair went to bed together.

The offender's lack of remorse was a key issue in his rape sentencing and was again raised on Monday before Chief Magistrate Lorraine Walker, which she described as a "dilemma".

About the case heard this week, a prosecutor said the offender's "primary concern is that he's lost a friend" and that he had not shown insight into the lasting effects of his actions.

The prosecutor asked the Chief Magistrate to place "little weight on expressions of remorse" and said the victim had clearly warned the man about physical boundaries.

Defence barrister James Maher said the victim had "expressly stated they would not be having sex".

But he told the court his client's actions were "opportunistic", "brief" and that the man "promptly" left when asked to do so.

Mr Maher said the offender showed "genuine shame and remorse".

A decision on the matter is set to be handed down later this month.

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