A former Airbnb "Superhost" found guilty of raping a Japanese woman in a caravan has faced court for the first time since his trial.
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At a hearing at the Melbourne County Court on Tuesday, lawyers for James Lithgow and Crown prosecutions made submissions about the length of prison time he should serve.
Lithgow was found guilty of two counts of rape and two counts of sexual assault by a majority jury verdict at the County Court in Ballarat on June 8.
The charges related to an incident on September 27, 2018, where Lithgow sexually penetrated a 19-year-old Japanese national he had met through Gumtree for the purposes of employing her to clean his short-stay accommodation.
Lithgow's defence barrister Moya O'Brien argued the gravity of the offending was at the 'lower end', as it lacked several aggravating features found in other incidents, such as premeditation or overwhelming violence or force.
Ms O'Brien also made submissions about Lithgow's good character in the community and lack of a relevant criminal record.
The court heard Lithgow had operated hostels and short-stay accommodation venues prior to his business in Halls Gap, and had been given the status of "Superhost" by Airbnb due to his high volume of positive reviews.
Lithgow's "Superhost" status was revoked by Airbnb, and he was removed from the platform in 2022 after the company found out about the allegations against him.
Lithgow still operates a short-stay accommodation business in Halls Gap, which is listed on other accommodation apps.
Ms O'Brien said media coverage of Lithgow's trial, and his eventual incarceration would both have negative impacts on his business, constituting extra-curial punishment - punishment not imposed by a court.
The Crown prosecutor weighed Lithgow's moral culpability as high, and said Lithgow's actions were "committed against a vulnerable victim in the context of a significant power imbalance".
Whilst the prosecutor did not suggest the rape was premeditated, it was pointed out that the surrounding circumstances of the incident - such as the victim's limited English and unfamiliarity with the region - made the victim "vulnerable to the commission of the offences".
It was conceded Lithgow had good prospects of rehabilitation and had suffered a degree of extra-curial punishment throughout the trial process.
Lithgow faced seven charges at trial, and was found not guilty of false imprisonment, and two counts of attempted rape.
As the jury did not find Lithgow guilty of false imprisonment, Judge Fran Dalziel said she would have to consider how much weight should be given to claims the victim was verbally protesting during the incident when sentencing.
Lithgow was placed into custody at Tuesday's hearing, and will receive a prison sentence for his offences.
The matter will return on September 15 for sentencing.
Affected by this story? There is help available.
You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.
Or phone Lifeline on 13 11 14, the Blue Knot Foundation on 1300 657 380, or Relationships Australia on 1300 364 277.
