He raped her when she denied his demands for sex. She did not call the police but told her doctor later in the day.

A pre-sentence psychiatrist’s report found the attacker had a “relatively high” risk of sexually offending again, lacked empathy, and was manipulative.

His lawyers have unsuccessfully argued it was unfair that the evidence intended to prove he had a tendency to sexually assault sleeping women was produced during his trial.

They also claimed the sentence “was manifestly excessive in all the circumstances”.

However the appeal was rejected this Wednesday, with acting Justice Shane Marshall said both grounds lacked merit for appeal.

He agreed with allowing the tendency evidence – used to argue Brown had a tendency to sexually assault sleeping women – and said the sentence was “an appropriate one”.

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