Paul James Donnelly, 38, met his victim using the dating app Tinder in 2023. (ABC News: Dave Sciasci )
In short:
The 38-year-old man pleaded guilty to one count of sexual intercourse without consent and two counts of non-consensual distribution of intimate images.
The man's young family and autism diagnosis were both taken into account by the court when considering an appropriate sentence.
What's next?
The man has been ordered to complete 249 hours of community service.
A 38-year-old man has been spared jail time after raping a woman he met on a dating app and filming their sexual encounters without her knowledge.
Warning: This story discusses sexual assault.
Paul James Donnelly pleaded guilty earlier this year to one count of sexual intercourse without consent and two counts of non-consensual distribution of intimate images.
Donnelly met his victim using the dating app Tinder in 2023.
The pair had consensual sex in Watson, in Canberra's north, on two occasions in September, during which Donnelly filmed intimate footage without his victim's consent.
He later sent the footage to the woman.
In October, the couple booked into a hotel and began having consensual sex before Donnelly raped the woman, continuing despite her telling him, "it really hurt".
The court heard Donnelly later apologised when the victim told him she had not enjoyed the experience.
In sentencing today, Justice David Mossop recalled the woman's victim impact statement, in which she described suffering from flashbacks, losing trust in men and being unable to feel safe in public.
Justice Mossop said these impacts were commonly experienced by victims of sexual assault and were "often long-term and pervasive".
The court heard Donnelly had been diagnosed with autism spectrum disorder, which Justice Mossop said "provides some explanation for the offending" due to his reduced ability to pick up on social cues.
"The behaviour was unthinking rather than predatory,"
Justice Mossop said.
He also added that, although the recording of the sexual acts was "degrading" and "objectified the victim", he did not believe Donnelly sent the footage to the victim for "any malign reason".
Justice Mossop also considered Donnelly's diagnosis when determining an appropriate sentence, saying living with autism would make a custodial sentence more onerous for the 38-year-old.
He also acknowledged that Donnelly was married with a seven-month-old child, as well as two teenage children, and a term of imprisonment would have a significant impact on his family.
Justice Mossop added that Donnelly's prospects of rehabilitation were good, given that he had taken responsibility for his actions.
Donnelly was fined $5,000 and sentenced to a 20-month intensive corrections order, to be served in the community.
He has been ordered to complete 249 hours of community service.