Sam Foster, 21, was jailed for four years and two months when he appeared in the Dunedin District Court in June.
His bid to have the sentence reduced was subsequently rejected by the High Court and the Court of Appeal released a judgement this week which declined leave to appeal again.
"In our view the proposed appeal does not involve a matter of general or public importance. Nor is there a risk of a miscarriage of justice if the appeal is not heard," Justices Harland, Thomas and Cull said.
At sentencing, the court heard the victim had been drinking with friends at her Dunedin student hostel in October 2023.
About eight hours later, she was "floppy and unresponsive" on the floor.
The woman was able to get to the toilet, but when friends went to check on her, they found her asleep and had to climb into the cubicle to assist her back to her room.
Thirteen minutes after they left her fully clothed on her bed, Foster was captured on CCTV entering the dorm.
A friend went to check on the victim shortly after and found the defendant sitting beside her as she vomited into a bucket.
Foster remarked the woman was "really f..... up" and that he was there to look after her.
But once they were alone, he removed a piece of cardboard that held the door open, meaning no-one else could enter.
The court heard Foster violated the victim while she was "going in and out of consciousness".
A couple of hours later, the pair left to smoke cannabis and he told her she could not tell anyone about what had happened.
When interviewed by police, Foster said he was the victim of the sexual assault as the woman had forced herself on him.
He only pleaded guilty on the day the victim’s pre-recorded cross-examination was due to take place.
Judge David Robinson, in sentencing, accepted Foster’s acts were likely "impulsive" and gave him credit for his youth.
However, appeal counsel Eric Forster said that allowance was not enough.
He also argued the starting point adopted by the judge was too high and that the Court of Appeal should hear the matter because there was an absence of guidance on cases involving a sexual violation by a drunk male resident of a very intoxicated fellow female resident at a student hostel.
The judges disagreed.
In a statement, the victim previously detailed how the ordeal had changed her.
"I’ve had to sacrifice so much of my life for you to be held accountable for your actions," she said.
"I’m constantly angry with the world [and] that there are people who would help themselves to things they know they can’t have."
