A Wollongong man is the first person to be prosecuted under the state's new "stealthing" laws after a session with a sex worker in which he acknowledged he wouldn't remove the condom - but did.
Adrian Perez, 21, pleaded guilty in May to one count of sexual intercourse without consent.
He faced the Sydney Downing Centre on Friday where Judge Huw Baker imposed a sentence of two years jail, with a non-parole period of 14 months.
Perez will become eligible for parole in February 2025.
Tendered court documents state Perez booked a full-service session with an Illawarra sex worker in April 28, 2022, with the agreed arrangement involving the victim to be restrained while being blindfolded.
The woman stated all services must be agreed upon by her prior to any activity, and Perez acknowledged via text message that using a condom was non-negotiable part of the service.
Perez arrived at the location about 5.30pm and engaged in some "light spanking", with the activities stopping briefly as the victim put the blindfold on.
The victim heard Perez rip the condom packet open but realised afterwards he had taken the condom off and had sex with her, without her consent - an act commonly known as "stealthing" a victim.
She then texted Perez the next day calling him out for his offending.
Perez initially denied what was put to him, however later texted back "yes your (sic) right ... I actually am so sorry like seriously. I really am sorry".
"I own it," he said.
The victim reported the incident to police the next day and was referred to hospital for a sexual assault investigation kit, with Perez detected on a vaginal swab.
Officers contacted Perez on September 13 and he was later arrested at Lake Illawarra police station.
The victim delivered a powerful statement at Wollongong District Court in October, in which she described how Perez's actions triggered her post-traumatic stress disorder and led her to isolate herself.
But 18 months following the incident, said she had been able to process the trauma and that the burden would be shouldered by her perpetrator.
"As I stand here today, I want to thank him, you made me stand up for myself, you made me say no more," the woman said.
Judge Baker said in October that Perez was likely the first time a person would be sentenced for "stealthing", meaning the case would set a precedent for future matters.
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