
Alexander Robert Hart was jailed for six and a-half years after being found guilty of rape.
The victim was left suffering from a variety of medical conditions and had twice been admitted to hospital in the aftermath, the Christchurch District Court heard.
In a judgement released this week, the Court of Appeal ruled the sentence was justified and, if anything, "generous" given the context.
At sentencing, the court heard Hart had travelled from his home to attend a friend’s house party in Christchurch in August 2020.
Early in the morning, his friend and the victim retired to a bedroom for consensual activity and were twice interrupted by Hart.
He was repeatedly told to leave "in direct terms", the court heard.
Later, when Hart’s friend left the bedroom and became preoccupied by issues with other partygoers, the defendant entered the room where the woman was sleeping.
He removed most of his clothes and got into bed.
The victim told the jury she awoke to find Hart violating her and pushed him away, resulting in him leaving the room.
At sentencing, Judge Michael Crosbie said the man’s conduct was "predatory" and "exhibited entitlement and complete disregard" for the victim’s privacy.
Any belief Hart might have had in the woman consenting to the sexual act was "grossly unreasonable", he said.
Counsel Craig Ruane argued the sentence should have been one of six years’ imprisonment.
Judge Crosbie’s inference that Hart entered the room with a premeditated sexual intent strayed beyond the available evidence, Mr Ruane said.
But Justices David Collins, Kevin Muir and Andru Isac said that interpretation was clearly available.
The defendant’s claim he was simply seeking a better night’s sleep than on the couch lacked credibility, particularly given there was a vacant single bed at the house, Justice Muir said.
The impact on the victim had been significant, the court stressed.
"She lost her self-confidence, became withdrawn and isolated, lost her friendships and her job, and continues to suffer from panic attacks, anxiety and stress-related medical conditions," Justice Muir said.
Hart’s appeal was dismissed.