A violent repeat rapist was released from jail on Christmas Eve after a judge decided it was unfair for him to miss out on his place in the queue for social housing.

Christopher John Bentley, 57, was sentenced to 12 years in a WA jail for drugging and raping a 16-year-old babysitter in 2000.

A year later, he stalked and hunted two women in Bunbury.

During one assault, a woman was sexually assaulted at knifepoint in her home when Bentley knocked on the front door and asked to use her phone.

Long criminal history

He also has a long criminal history, with convictions in Perth and Cairns for burglary, assault and drug-related crimes.

Bentley was declared a "serious danger to the community," but in May 2018 he was released from jail on a five-year supervision order with 53 separate conditions attached.

He was arrested three months after his release when he entered a woman's home without permission from his corrections officer.

Bentley was released again in February 2019, but again arrested after testing positive for drugs, which contravened his supervision order.

He pleaded guilty and was fined $500.

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Despite the history of re-offending, Supreme Court judge Michael Corboy released Bentley on Christmas Eve due to "exceptional circumstances".

Justice Corboy said Bentley been on a government housing waiting list for eight years and was likely to lose his place near the top of the waitlist if he stayed in prison.

He was released on an interim order, again subject to a number of conditions, including not taking any drugs.

'Not to be trusted'

Prosecutors argued Bentley was "not to be trusted," but Justice Corboy found in Bentley's favour.

"This court has commented in the past about the lack of appropriate accommodation for dangerous sexual offenders and the impact that the scarcity of accommodation can have on deciding whether the community will be adequately protected if an offender is released subject to a supervision order," Justice Corboy said.

"The loss of Bentley's priority for public housing could significantly and adversely affect his interests."

Chevron Right Icon 'The loss of Bentley's priority for public housing could ... adversely affect his interests.'

Bentley will be allowed to live with his partner until his next hearing on January 30.

"Mr Bentley is acutely aware of the conditions of the supervision order and in my view, it is unlikely he would jeopardise his prospects of remaining in the community by failing to substantially comply," Justice Corboy said.

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