A former soldier who raped a fellow soldier in her bed at the Puckapunyal Army base has been jailed for five years.
Jermaine Schmidt, 23, was found guilty of sexual assault and rape in a Melbourne County Court trial.
He had pleaded not guilty to the charges before the two-day trial.
The court heard Schmidt was a 21-year-old private in the Australian Army and was at Puckapunyal at the time for training.
He had met the victim — who was also staying at the base — only a few weeks earlier.
On the night of the assault a few years ago, the young victim and some friends had been drinking at a bar on base.
Schmidt had also been separately at the bar drinking.
After the victim went back to her room to bed, she was woken by Schmidt and another man knocking on her door asking for cigarettes.
Judge Paul Lacava said the woman was woken again later by Schmidt, who was in her room and tapping on her leg and asking to stay.
The victim initially refused, but eventually relented after he persisted for 10 to 15 minutes, as she was tired and wanted to sleep.
The woman went to sleep with Schmidt laying on top of the bed covers while she slept underneath them.
She was woken by Schmidt putting his hands up her shirt and touching her breasts and running his fingers along her legs.
Judge Lacava said the woman told him to stop, before going back to sleep.
She was next woken by Schmidt raping her.
She told him to stop and he did, before she went into the bathroom where she stayed.
The court heard at 7.19am the victim received a text message from Schmidt saying he did not remember staying there, and apologised for staying.
He sent another text at 9.37am saying “are you okay or did you need to cool off?”
The victim reported the rape five days later to Army superiors, who contacted police.
Judge Lacava told the court Schmidt had “little or no recollection” of what he had done.
“The offending probably occurred because you were drunk,” he said.
“She accommodated you at your insistence, but made it clear she didn’t want sexual relations.”
He said that while Schmidt’s moral culpability was high, the offending fell in the lower range of the offence.
Judge Lacava said a psychologist’s report found that Schmidt had generalised anxiety disorder and post-traumatic stress disorder from trauma he experienced as a child where he had repeated exposure to violence.
Judge Lacava also noted Schmidt did not have any criminal convictions and there were several references — including ones from his current partner and her parents — that said he was loved and respected by all of them.
“It was a moment of drunken madness,” Judge Lacava said.
“I think your prospects of rehabilitation are good. But this is serious offending.”
Schmidt was sentenced to one year in prison on the sexual assault charge and four and a half years in prison for rape.
The judge ruled that six months of the sexual assault charge was to be served cumulatively with the rape sentence, meaning a total of five years in prison.
He also ruled that three years in prison be served before Schmidt was eligible for parole.
The 92 days already spent in pre-sentence detention was reckoned as having already been served.