Expert evidence that an Afghan refugee didn't fully comprehend the meaning of sexual consent when he raped two women has been rejected by a Victorian judge.
Esmatullah Sharifi was jailed for 14 years for raping the two women, who were both intoxicated, within a five-day period.
County Court judge Mark Dean said the community needed to be protected from the 30-year-old, whom he described as unremorseful and with poor prospects of rehabilitation.
A psychological report had described Sharifi as a man inexperienced in forming relationships with women and said he had "an unclear concept" of what constituted consent in sexual relationships.
"I do not accept that your offending ... was the product of an 'unclear concept of what constitutes consent in sexual relationships'," Judge Dean said.
"The offence committed by you was an extremely serious act of violence, and in my opinion you well knew that the victim was not consenting to the act of sexual penetration that you performed.
"The community does in fact need protection from you.
"Your brutal conduct must be denounced by this court and you must be punished for it."
Sharifi pleaded guilty to one count of rape over a 2008 attack on an 18-year-old woman he picked up outside a nightclub when she was drunk.
He was jailed in 2009 for nine and a half years for another rape committed five days after that attack, on Christmas Day.
Judge Dean increased Sharifi's sentence on Thursday to 14 years with a minimum of seven years and eight months.
Sharifi approached the 18-year-old who was sitting alone and intoxicated on the footpath outside a Frankston nightclub after having a fight with her friends.
He offered to take her to her friends but instead drove her to Mornington and raped her.
Five days later, he again drove more than an hour from his Tullamarine home to Frankston, where he forced a drunk 25-year-old into his car and raped her.
She eventually escaped from the moving car and recorded its registration number.
Sharifi was charged in 2010 over the latest case after DNA taken after his initial conviction was matched to a sample taken from the 18-year-old victim.
The court heard Sharifi suffered from post-traumatic stress disorder as a result of his Shi'ite Muslim family, from the Hazara ethnic minority, being persecuted by the Taliban, who had killed his father.
Sharifi fled to Pakistan and came to Australia on a temporary protection visa in 2001.
ninemsn.com.au 12 Apr 2012
Just another example of the Australian government importing criminals into the country under the 'refugee' banner.
This trash should be deported and not housed in luxury jails to the tune of $70,000 per person per year.
If he is truly to be incarcerated for 14 years this would cost the Austrlian tax payer just under $1 million.
Cheaper to send this vile piece of rubbish back on a boat.