Two weeks ago Jacob Keppels-Baker, 23, pleaded not guilty  in a Warrnambool County Court trial to three charges of rape.

During the trial judge Gavan Meredith directed the jury to acquit on one charge, the jury found Keppels-Baker not guilty on another charge but guilty of one rape.

Keppels-Baker chose not to give evidence in the trial.

On Thursday judge Meredith heard a plea on behalf of Keppels-Baker and said he would hand down a sentence at 10am Friday.

Defence counsel John Lavery said the jury verdict was consistent with the scenario that there had been consensual sexual acts between his client and the victim but there was no consent in relation to intercourse.

He said that action was spontaneous, without planning and in highly charged circumstances immediately following other sexual acts.

Mr Lavery said that when told "no" Keppels-Baker had gone ahead regardless.

He requested a penalty, even a jail sentence, be imposed in combination with a community corrections order.

Judge Meredith said his initial response was that this case was "not in community corrections order territory".

He has not had Keppels-Baker assessed for his suitability to serve a CCO.

Crown prosecutor David O'Doherty said the maximum sentence for rape was 25 years' imprisonment and this case involved a mandatory registration on the sex offenders' register for 15 years.

He said that Keppels-Baker acted in defiance of a prohibition made by the complainant.

The charges followed an 18th birthday party in April 2014.

During the evening young people were sitting around a fire and the victim cuddled up to Keppels-Baker.

She grabbed him by the arm and he kissed her.

After being put to bed the 17-year-old victim woke up in the early hours of the next day and followed Keppels-Baker to a couch.

Keppels-Baker kissed her and she kissed him back.

They went to a vacant block and Keppels-Baker kissed her again.

The prosecutor said Keppels-Baker is then alleged to have pulled down her pants, she was shocked and didn't move and said "I can't".

Keppels-Baker was then alleged to have undone his belt  and had sex with her while the girl said "No, I cant do this".

When interviewed by police Keppels-Baker said he only had one conversation with the girl during the party and no physical contact.

Pants worn by the girl were forensically examined and sperm was found.

"The likelihood ratio is estimated to be 100 billion in favour of the accused being the source of this DNA," Mr O'Doherty said during the trial.