A rough sleeper has been jailed for raping a man with severe learning difficulties in his assisted living home.

Ilie Ciubotaru, 30, has been sentenced to ten years in prison for the assault which took place at an assisted living facility in the borough of Southend.

Christopher Martin, mitigating, claimed his client should get a lighter sentence because of the victim's lack of understanding but the judge dismissed this and described the defence as "laughable".

Ciubotaru travelled from London on the train and, unable to return looked for somewhere to stay.

The victim's friend heard the buzzer and let Ciubotaru in.

The rapist then found his victim, a man aged in his 50s.

Judge Samanatha Leigh sentenced Ciubotaru at Basildon Crown Court.

She said: “You went into the victim’s room and then the victim entered. You shut the door. Alcohol was offered and I accept he only took a sip.”

The victim was described as someone who wants to please people and is never aggressive.

Judge Leigh continues: “He says you had one of his cigarettes. You then required him to take his trousers down, pushed him on the bed and raped him.”

The court heard the victim tried to fight Ciubotaru off and fell, hitting his head before escaping and alerting his friend in the next flat who then called the police.

Officers arrived within 20 minutes and found Ciubotaru still in the victim’s flat where he was arrested.

Judge Leigh added: “His difficulties are such that he has a very low IQ and his overall thinking and reasoning is less than one per cent of the population.

“He isn’t able to function day-to-day and is heavily reliant on care workers.

“His knowledge of sexual behaviour has massive and important gaps and is child-like.”

The court heard he had been assessed by a psychologist and was deemed unable to consent to any sexual activity.

Judge Leigh described Ciubotaru’s defence as a “pack of lies”.

She said: “Your version, which was totally rejected by the jury, was that the victim, who has never had sex in his life, was the instigator. If the offence was not so serious, this would almost be laughable.”

Judge Leigh sentenced Ciubotaru to ten years in prison which he will serve half of before being deported to his home country of Romania.

Christopher Martin, mitigating, claimed: "While the victim is particularly vulnerable and that does make the offence worse, it is quite clear it appears from the record that it has not impacted on him as much as it would on someone without his vulnerabilities.”

Investigating officer DC Adam Clarke, of Essex Police’s  Crime and Public Protection Command, said: “We believe Ciubotaru was walking the streets looking for a room for the night when he took advantage of a vulnerable man within our community. 

"He is a dangerous individual who overpowered his victim in his own home and then raped him.

“I would like to praise the victim for his courage and bravery throughout our investigation and subsequent trial.  

“I hope Ciubotaru’s lengthy custodial sentence offers some justice to him and his family."