A hairstylist who was convicted of sexually assaulting a 19-year-old gay man who was severely intoxicated was sentenced May 21 to one year in county jail and was ordered to register as a sex offender for life.

Simon Howard Calac, 24, of Murrieta, didn’t say anything to San Diego Superior Court Judge Bradford Andrews other than to agree to accept conditions of five years probation. Andrews suspended a three-year prison term, which Calac won’t have to serve unless he violates probation conditions.

The judge ordered Calac not to possess pornography and to abstain from alcohol for the next five years under probation conditions. He was fined $2,204, and Andrews ordered Calac to pay for the $850 rape exam that the victim went through at a hospital.

A jury on April 25 convicted Calac of sodomy of an intoxicated person that stemmed from an April 7, 2007, incident, at 3 a.m. in a Hillcrest apartment. It was there that a 19-year-old man woke up to find Calac raping him without a condom. The victim had drank too much alcohol and passed out on a couch. He awoke to discover his clothes were removed and testified his body was arranged to receive anal sex.

The victim got up and went into the bathroom and told Calac to leave him alone. Calac put on his clothes, but accidentally dropped his driver’s license out of his wallet onto the floor and left. The victim reported the incident to San Diego Police, who took his clothing for evidence.

A stain on the victim’s boxer shorts matched Calac’s DNA, according to testimony. Deputy District Attorney Brian Erickson urged a prison term, saying Calac lied during the trial when he claimed he was too drunk to remember what happened. Erickson said Calac now has his “memory back,” and Calac told probation officials after the verdict he remembered what happened that night.

“Regardless of the person’s sexual orientation … What this victim woke up to is he’s being sodomized,” said Erickson. “He didn’t know who this person is. It’s probably one of the worst circumstances one can wake up to.”

Erickson said the victim, who is now 20, is very concerned about whether he was exposed to any sexually transmitted disease. He said Calac “had no concern for this victim.”

“People need to be held responsible for their actions, regardless of their situation, sexual orientation. The victim was very believable,” said Erickson. “The jury believed (him).”

The victim did not appear for sentencing, but told a probation officer he thought Calac should receive a short prison term.

Calac’s attorney, Paul Neuharth, Jr., told the judge a psychiatric report of his client showed he is “not a danger to society.” He urged Andrews to grant probation.

Calac repeatedly testified at trial that he drank so much, he did not remember whether he had sex with the victim.

He later changed his story and told probation officials his memory of that night has returned. According to his probation report, Calac said he recalled having two alcoholic drinks called “royal fucks” at a gay bar and other drinks elsewhere that night in Hillcrest.

Calac told probation officials he went to a friend’s Hillcrest apartment and fell asleep on another couch. He said he tried to seduce the 19-year-old victim, whom he thought was awake. “One thing led to another,” said Calac.

He claimed the victim made sounds of pleasure and Calac thought he was aware of his surroundings.

He, however, says the 19-year-old man never opened his eyes while Calac fondled him until he was being penetrated.

When Calac testified at his trial, Erickson asked him if the sexual activity was consensual. Calac repeatedly said he did not remember what happened that night because he was too drunk.

The judge ordered Calac to attend a sex offender class after he is released on probation. Additionally, he must report that he is a registered sex offender to law enforcement wherever he lives.

Andrews said he banned Calac from drinking alcohol for the next five years because “that seems to be a significant factor in this case. He does need alcohol counseling.”

He gave him credit for spending 25 days in jail.

Judge Howard Shore took the verdict on April 25 and allowed Calac to remain free on a $150,000 property bond. Andrews, a visiting judge who conducted the trial, reversed that decision and remanded Calac to jail on April 28.

Calac is serving his sentence at the South Bay Detention Facility.