A man who forced a woman to perform sexual acts on him against her will in a Melbourne nightclub on New Year's Eve has been jailed for seven months.
Brandon Arfaoui, 25, will serve about four-and-a half-months after already spending 73 days on remand for assaulting the woman with intent to committing a sexual offence four years ago.
In the early hours of New Year's Day 2020 at Prahran's Love Machine nightclub, Arfaoui and the 24-year-old woman met in the smoking area of the venue and both agreed to go to the unisex toilets to do drugs.
But Arfaoui locked the woman in a cubicle and tried to force her to perform sex acts in exchange for the drugs, which she did not agree to.
He tried to kiss her while the woman tried to back away, but was blocked by the locked door.
Arfaoui then sexually assaulted the woman as she pushed him away and repeatedly told him "no".
In a victim impact statement, the woman described the significant consequences of the sexual assault including feeling less safe in public .
Judge Helen Syme noted Arfaoui's "difficult and dysfunctional" upbringing, marred by his father's violence against him and his mother.
This led to him leaving school early, becoming homeless and falling into a life of substance abuse, including using cannabis, cocaine and opiates.
"Your childhood circumstances are far from ideal," Judge Syme said at Victoria's County Court on Monday.
"The nature of offending shows your immaturity and self-entitlement not related to the circumstances of your upbringing but to your substance abuse."
Arfaoui had been sentenced to nine months imprisonment over separate damage and domestic violence offences and was released in July 2023.
The judge noted a significant improvement in the offender's behaviour in the six months after his release, including holding two jobs.
However by February, Arfaoui had relapsed into substance abuse and failed to engage in his work, testing positive for cocaine, opiates and cannabis.
Prosecutor Michael Turner raised concerns over Arfaoui's reluctance to embracing the community corrections order while defence lawyer Sophie Coulson noted his "sporadic" compliance.
"Your regression in the past three months and the significant substance abuse do not allow such leniency," the judge said.
"You regressed to such an extent that it puts you and the community in danger of reoffending."
Arfaoui held his head in his hands as Judge Syme handed down her sentence.
She chastised his portrayal that his cocaine use was recreational.
"Your use of cocaine is not recreation like a football game ... ( and that) minimises the harm it causes you and continues to do so."
"You can and must take charge of your life."
Once he has served his jail time, Arfaoui will have to complete a two-year community corrections order, including 150 hours of unpaid community service.
Judge Syme allowed for 80 per cent of that service to be completed through counselling and treatment for his health issues.
Arfaoui was supported in court by his mother, sister and cousins.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
