A gay man has been found guilty of raping his friend as she slept in her bed.
Matthew Sawyer, 39, had been partying at a drink and drug-fuelled New Years Eve party when the incident happened.
Sawyer and his boyfriend, now husband, Max Petro took cocaine with them into the victims’s Surry Hills apartment in New South Wales Australia, on December 31, 2017.
After a heavy night the party came to an end around 6am and the host – Sawyer’s victim – had to be undressed and helped into bed by her boyfriend.
She was naked and he had pulled the sheets up over her to tuck her in.
The woman’s boyfriend then took their dog for a walk, leaving her and Sawyer in the apartment alone.
While he was gone Sawyer went into the woman’s room, got into bed with her and began having sex with her, the NSW court heard.
“The next thing she remembered was waking up to the applicant having penetrated her vagina with his penis, at first thinking it was her partner,” court documents state.
“She then heard the applicant say either ‘I’m about to come’ or ‘I need to come’. She said ‘What the f**k’ and pushed the applicant away.”
Sawyer got out of the bed and then into the ensuite closing the door behind her.
She then heard the bedroom door shut.
The victim then called her boyfriend who rushed home, comforted her and then went to confront Sawyer.
‘(Sawyer) admitted having sex with the victim but said, (according to her partner) in a very sheepish manner and with no eye contact, that it was consensual,’ the court documents read.
In his defence Sawyer claimed he entered the bedroom to find the woman wearing a green floral top and that he lay down next to her on the bed and discussed the party.
He claimed she then started kissing him, began rubbing the outside of his jeans and was “grinding” on him.
She then pulled him on top of her and they started having sex, Sawyer claimed.
When put to him that she had said “what the f**k” and pushed him off, he agreed that had happened but didn’t understand why she was asking him to stop.
The victim told the court she had drunk four bottles of champagne, half a bottle of white wine and one beer throughout the night.
Her first memory after passing out on the couch was waking to Sawyer penetrating her.
Another partygoer who walked the dogs with the victim’s boyfriend gave evidence that just before that he had seen the woman be helped into bed.
Sawyer was found guilty by a District Court jury and handed an 18 months sentence.