During a hearing on Monday, the court heard Porter had not engaged in any sexual offender treatment programs while serving that sentence or during his continuing detention.

"He does not wish to be released into the community until he has proven his innocence by way of a successful, out-of-time appeal to the High Court," Justice Soraya Ryan stated in her decision this week.

Justice Ryan noted that Porter, now in his 50s, had a history of substance abuse since age 17 and had spent most of his adult life in prison, with a criminal record going back to 1983.

The Supreme Court found in February last year that Porter posed an unacceptable risk of committing a sexual offence involving violence if he were to be released and ordered he remain in prison under the Dangerous Prisoners (Sexual Offenders) Act.

Porter's sentencing was told his attack on the young woman was prolonged, degrading, painful and terrifying, and that he was positive for hepatitis C at the time,

Porter tried to destroy evidence after the attack but his DNA was found at the crime scene.

The court this week heard Porter had also refused to engage with two psychiatrists who were assessing his potential risk to the community.

Justice Ryan stated this had resulted in a lack of information about critical matters such as Porter's sexual offending triggers and risk factors.

"In the circumstances, I could not possibly be satisfied that the adequate protection of the community could be reasonably and practicably managed by a supervision order," Justice Ryan said.

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