An Albany man has been jailed for more than seven years for raping a woman on York Street, in what a judge described as a “horrible ordeal” that left the victim “naked and cowering in fear”. Timothy James Walker, 34, appeared in Albany District Court on Wednesday to hear his fate after a jury convicted him last week of one count of aggravated indecent assault and one count of aggravated sexual penetration without consent. Judge John Staude sentenced him to seven years and nine months behind bars, backdated to March 6, and made him eligible for parole. Walker was acquitted of one count of attempted aggravated sexual penetration without consent. Judge Staude told the court that late at night on September 3, 2021, Walker met the woman at the Studio 146 nightclub. CCTV footage inside the club showed them kissing and visibly “animated and in good spirits” as they left together in the early hours of September 4. As they walked up York Street, Walker continually asked the victim to come back to his house with him, “expressly or implicitly for sex”, Judge Staude said. “On each occasion she declined,” he said. The pair, who had both been drinking but were not seriously intoxicated, sat on the retaining wall in front of Scots Uniting Church talking “for sometime”. Eventually, Walker led his victim to the right-hand side of the church, which was in darkness, where he pushed her against the side of the church and “insisted on sex”, Judge Staude said. It was at this point, the victim said at the trial, that Walker’s personality changed from being a “charming, cheeky, fun” person to “aggressive, in her face and forceful”. Judge Staude said the victim was “terrified” and resisted “verbally and physically” as Walker ripped off the top of the body suit she was wearing and grabbed her throat. Walker pushed the victim on to her knees and tried to perform a sex act on her. He then pushed her to the ground so hard that she believed the impact reopened spinal fractures she had previously sustained. As she tried get away, Walker raped her. Walker said to the victim: “If you’d just gone home with me it would have been easier. Now I’m going to ruin you.” Judge Staude told the court that in the victim’s evidence, she said she would “never unhear those words”. He raped her again, before telling her to stay where she was and that he would return — but he did not. Judge Staude said the victim was left “naked, curled up on the grass, fearful of what would happen”. Walker took the victim’s underwear and mobile phone with him, in what Judge Staude said was “cruel and heartless behaviour”. She went across the road to the kebab shop to get help but the shop had closed. Judge Staude said CCTV footage from the kebab shop showed the “forlorn victim” knocking on a window. He said when she eventually attracted the attention of someone inside, she was denied the “simple request” of using a phone to call for help. The woman walked down York Street and got into a taxi, telling the driver she had been raped. The driver took her a short distance to Albany Police Station, where an officer took evidential photos of her injuries before taking her to Albany Health Campus. The victim’s underwear and mobile phone were never recovered, despite police undertaking a search of Walker’s home. Judge Staude said the charges were aggravated for several reasons, including the extent of the injuries to the victim, the violence of the acts, and the fact he had “left her naked and cowering in fear without her phone”. He said medical evidence showed the victim had no sexual interest in Walker, and described the offences as forceful and painful. “She suffered a horrible ordeal,” Judge Staude said. “There was no one around who could come to her aid, making her particularly vulnerable.” Walker’s defence lawyer Elizabeth Hamilton told the court she conceded the offending was “serious in the objective view of persistency”. She said he had told her not to read the victim impact statement to him when she asked if he wanted her to. Ms Hamilton said Walker’s marriage had ended abruptly one year about the Father’s Day weekend and at that time in the years since, Walker had experienced difficulties coping. She said Walker had demonstrated no remorse, which was echoed by Judge Staude and State prosecutor Paul Dixon. Judge Staude described the victim’s account of Walker’s change in personality as “striking and poignant”. “You changed from being a charming person to a violent sexual predator,” Judge Staude said. He said the version of events Walker gave in a police interview that were used as his evidence during the trial were “inconsistent” with what was depicted in the CCTV footage. Walker had said the victim was the instigator, and she was “insisting” on sex. Judge Staude said Walker’s version of events was “calculated”. He said the victim had been left with “profound psychological harm” and had been put through the trauma of giving evidence during the trial. Walker had no supporters present in the courtroom. When Judge Staude read out his sentence, Walker hung his head down.