A COURT has found a takeaway delivery man guilty of sexual intercourse without consent, after he had sex with a woman who thought she was in bed with her husband.

The Sydney Morning Herald reports Amit Hamal, 22, was delivering Indian Food to a couple’s Rose Bay home about 9.15pm July 16, more than two hours after the order was placed when he walked into the home and past the woman’s bedroom, noticing she was asleep.

Hamal is then alleged to have removed the woman’s pants and continued to have sexual intercourse with her.

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The next morning, the woman’s husband, who also fell asleep in the lounge while waiting for the food, denied having sex with her.

It wasn’t until Hamal reportedly phoned the home the following day, asking the woman if they could become casual sex partners that she realised she had been assaulted.

Hamal was arrested at the airport two days later, with a ticket to Kathmandu.

He is due to be sentenced on August 31.