Rapist jailed for five years to challenge conviction, maintains ‘rough sex’ defence

Rapist jailed for five years to challenge conviction, maintains ‘rough sex’ defence


Updated

February 23, 2018 14:04:25

A man who maintains he was just having “rough sex” with the mother of his two children after the couple had separated, has been sentenced to more than five years’ jail for her rape.

The 31-year-old, who cannot be named for legal reasons, has been behind bars since September last year, when a jury found him guilty of rape, sexual assault and an act of indecency.

He maintains the rape was just “rough sex” and is to appeal against the conviction.

During his sentencing in the ACT Supreme Court, the court heard the pair started to have casual sex in 2010 and went on to have two children before their tumultuous relationship broke down.

Then, late one night in 2011, the woman arrived at his house after he had invited her over.

He appeared intoxicated when he answered the door, and the court heard he kissed her aggressively, pinned her against a wall and put his hands around her throat.

She said she wanted to leave, but he said: “You’re not going anywhere.”

The next day she noticed bruises on her breasts, inner thighs and neck and later sent photographs of her injuries to him.

He responded with a message that said: “Lol I’m so sorry you deserve more than that I’m so sorry.”

On another occasion, after the woman refused to have sex with him, he masturbated and ejaculated on her back.

After the woman ended their relationship and left with their children, he called and messaged her dozens of times.

Victim felt she ‘didn’t deserve’ help

Justice Hilary Penfold read out part of the woman’s victim impact statement, which said the woman now suffered from post-traumatic stress disorder and anxiety.

“After [he] raped me, I sunk into a depression … I felt alone, humiliated and violated,” it read.

“I didn’t seek help because I felt I didn’t deserve it.”

The woman said the outcome of the trial had made her feel she was “worth something” and that what happened to her had been recognised.

As Justice Penfold handed down the sentence, she said the man had shown no remorse for his actions.

She noted his current partner was about to undergo treatment for cancer and needed support, but said discounts could not be made because of his personal circumstances.

He was sentenced to five years and three months in prison for rape, sexual assault in the second degree and an act of indecency and stalking.

A two-year suspended sentence for an act of grievous bodily harm in 2013 was also imposed.

Including time already served, the man will be eligible for parole in June 2020.

Topics:

sexual-offences,

courts-and-trials,

canberra-2600,

act,

australia

First posted

February 23, 2018 14:03:16



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