Philip Donald Johnson was charged with rape after an originally consensual sexual act turned nasty - with his victim asking him to stop.
When he didn’t, he crossed a line that led to him being charged with the offence.
And since raping his victim last June, Jason has been told that his victim is actually HIV positive, after which he became very ‘distressed and upset.’
His lawyer in Brisbane, Australia, has asked for the judge to be lenient on Mr Johnson, on the grounds that he has suffered significant emotional trauma as a result of his victim’s medical status.
But Judge Fleur Kingham has said his plea is irrelevant, telling him: ‘It’s a consequence of him consensually engaging in unprotected sex.’
The man was jailed for two and a half years, though he will be immediately eligible for parole - due to already serving eight months inside.