An Illawarra sex worker raped by a 21-year-old Figtree man during a BDSM sex session has delivered a powerful victim impact statement, telling her rapist she would no longer carry the burden of his actions.
The woman told Wollongong District Court she was "more than just a sex worker" and was instead "an intelligent business woman".
The woman described how Adrian Perez's actions triggered her post-traumatic stress disorder, leading her to isolate herself, and broke the agreement the two had negotiated when Perez booked the appointment.
"The core principles of BDSM are safe, sane and consensual," the woman said.
"You took away the safety and my consent."
But 18 months on from the incident, the woman said she had been able to process the trauma of the event and said the burden would be shouldered by the perpetrator, not her.
"As I stand here today, I want to thank him, you made me stand up for myself, you made me say no more."
Perez is being sentenced for one count of sexual intercourse without consent after he removed a condom during the sex session, violating the agreement he made via text with the woman before the appointment.
Before the evening of April 28, 2022, Perez had booked a full-service session with the woman, with the woman to be restrained while blindfolded during the session.
The woman and Perez made arrangements via text, including that Perez must use a condom.
After 5.30pm, as the session had begun, the woman put the blindfold on and then heard Perez open the condom packet. Afterwards, the woman realised Perez had taken the condom off without her consent.
The next day, the woman texted Perez, calling him out after which he denied what occurred, but later apologised.
"Yes your (sic) right ... I actually am so sorry like seriously. I really am sorry.
"I own it," he said.
Judge Huw Baker said the case was likely the first time in NSW a person would be sentenced for "stealthing", the act of removing a condom without the other partner's consent.
Judge Baker said the circumstances made for a "difficult sentencing exercise", with Perez's barrister Robert Steward outlining Perez's fixation on pornography where condoms were not used.
However, Mr Steward said the act was unplanned and impulsive.
Crown prosecutor Nerissa Keay said Perez's actions went beyond risking pregnancy and sexually-transmitted diseases.
"It's an act that took away her autonomy," Ms Keay said.
"She had lost the ability to consent and control."
Judge Baker reserved his final decision until November.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; Men's Referral Service 1300 776 491; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.
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