A RAPIST who attacked a prostitute on a Derby building site has failed to have his open-ended jail term overturned.

Vincent Kingston forced the 26-year-old woman into a terrifying ordeal at the site of the Royal Derby Hospital, before building work was completed.

The 43-year-old was jailed indefinitely at Derby Crown Court last October after admitting rape.

His lawyers yesterday challenged the sentence at London's Court of Appeal but it was upheld.

Mr Justice Andrew Smith said the crown court judge was justified in concluding Kingston, of Nevinson Drive, Sunny Hill, was a danger to the public.

He said: "The essential consideration remains what the judge described as the sustained and violent nature of the attack on the victim.

"The judge's assessment in this case was not an easy one but one he could properly make on the material before him and before us."

Last October, Kingston was jailed for a minimum of three years and 74 days.

After that, he can apply to the Parole Board but will not be freed until it is felt it is safe to do so.

The judge ordered the sentence for the "protection of the public" and put Kingston on the sex offenders' register for life.

At the time of the offence, Kingston had been made redundant and began to drink heavily to cope with his debts.

His wife said he was "a caring, considerate man, a good father and a good husband".

Making their appeal, Kingston's lawyers argued the judge had been wrong to make such an assessment of his risk.

Mr Justice Smith said: "There is nothing in his background before this offending that indicated any such risk.

"His wife, in a letter to this court, describes a good husband and father.

"The offending took place when he faced difficulties in his life, which led to depressions and drinking."

Kingston had picked up the prostitute in the Osmaston Road area of Derby. They agreed a price for a sex act and he drove her to the hospital building site, where he was working at the time. He took off his trousers but then punched her and raped her.

After Kingston left, the battered and bruised woman telephoned her boyfriend, who flagged down a police patrol.

Kingston told his wife he had to go away for work and drove to Whitby, where he attempted to commit suicide. He called his wife and admitted he had attacked a prostitute, but spoke badly of her.

Mr Justice Smith said the risk assessment was not one it would be right to overturn on appeal. "We, therefore, dismiss the appeal," he said.

Kingston will now only be released after serving the minimum term and when he is considered safe.