Tyson Justin Harris was sentenced after attempting to rape a woman in her inner-western suburbs home

A court has heard how a man in distress on the street, offered water by a concerned woman, has repaid her kindness by attempting to rape her.

A man who attacked a woman in her inner-western suburbs home had a “clear sexual motive” and was “grossly intoxicated”, a court has heard.

Tyson Justin Harris, 28, appeared in the District Court on August 15 to be sentenced after he was charged with assault with intent to rape.

Judge Jane Schammer said the man was offered help by a woman when he attacked her on February 6 last year before running away.

“The woman saw you sitting on the footpath near her home and drinking from a plastic water bottle, which you then discarded on the footpath,” she said.

“She was concerned for your welfare and approached you.

“You told her you were lost and asked if she lived alone.”

Judge Schammer said the man then followed the woman into her home where he threw her onto the floor, after asking her to open her front door.

“You entered the home and started to walk through it, which caused the woman some concern,” she said.

“As she handed you a bottle of water, you grabbed her by her arms and pulled her onto the floor of her spare room.

“You grabbed her by the neck and held her down, using force.”

Judge Schammer said Harris continued to assault the woman until her loud scream scared him away.

“The woman screamed and was moving as much as she could rolling around to try and free herself from you,” she said.

“You swung the woman onto her back, such that her legs were bent in front of her.

“You pulled her shorts and underwear down to her ankles and went to unzip your jeans.

“The woman was terrified and screamed as loudly as she could, which prompted you to get up, run from the house and away from the scene of the offending.”

Judge Schammer said Harris was not arrested immediately after the offending, rather he was arrested for other offences.

“You were not identified as being involved in the offending until your arrest and remained in custody for other offending, at which time your DNA was linked to DNA profiles obtained from a tapelift from the outer waistband (of) the woman’s shorts, swabs from the woman’s left and right arms and hands and from the back and side of your neck,” she said.

“Your DNA was also on a plastic water bottle left at the scene.”

Judge Schammer said there was no psychological defence for the offending and rather a doctor had evaluated that the offending happened at a time when Harris was intoxicated.

“He expressed the opinion that the offending had occurred when you were grossly intoxicated, probably by way of a combination of alcohol and cannabis and that you had acted impulsively with a clear sexual motive,” she said.

Harris was sentenced to two years, 11 months and four days imprisonment with a non parole period of two years, four months and four days.