A rapist used as a test case by the former Victorian Director of Public Prosecutions Jeremy Rapke, QC, to try to get tougher sentences for rapists has been jailed today for 10 years and three months for raping a 14-year-old girl.

Jason Werry raped the 14-year-old on November 25, 2007. He also raped a 17-year-old girl on October 26, 2008, just four days after being acquitted of multiple counts of kidnapping and assault with intent to rape, in an unrelated case.

Mr Rapke lodged an appeal after Werry was convicted by a County Court jury in 2009 of raping the 17-year-old and sentenced by Judge Liz Gaynor to seven years' jail with a five-year non-parole period.

The DPP argued before a bench of five judges in the Court of Appeal that Werry's sentence was manifestly inadequate and used the case to argue that sentences for rape in Victoria did not reflect the maximum penalty of 25 years, nor the gravity of the crime.

The Court of Appeal last week dismissed the appeal, criticising Mr Rapke for appealing against a rape sentence as a means of attacking sentencing practices.