A FORMER Swan Hill man has been jailed for more than a decade after a jury found him guilty of more than a dozen rape and assault charges.
The rapist, who can’t be named for legal reasons, was sentenced in the County Court in Bendigo on July 31.
He was found gulty of eight charges of rape, four charges of common assault, one charge of threat to commit a sexual offence and one charge of causing injury recklessly.
He also pleaded guilty to one charge of threat to commit a sexual offence.
Judge Trevor Wraight said the offending relates to multiple acts of rapes and assaults committed against the offender’s wife during their marriage while they resided together in Bendigo between 2011 and 2018.
“The relationship deteriorated during the course of the marriage and was characterised by you often demanding sex from the victim in circumstances where the victim was not consenting,” Judge Wraight said.
“These demands for sex would be accompanied by abusive and violent behaviour.
“The prosecution case at trial was that you exercised power and control over the victim, effectively treating her as your possession.
“Further, the prosecution case was that you believed you had the right or entitlement to demand sex from the victim and that you had the right or entitlement to verbally and physically abuse and assault her in order to achieve your aims.
“The victim was unable to particularise every act of sexual and/or physical violence against her during the relationship, however, was able to particularise the events giving rise to the charge you plead guilty to and the charges the jury found you guilty of.”
The court head the victim went to police in September 2019 and provided some, but not all the details of the offending.
In June 2020, the victim again contacted police indicating that she wanted to proceed with criminal charges in respect of specific allegations raised in 2019.
The offender was interviewed and denied allegations of sexual offending and assaults, but admitted there were arguments, that he had more than one affair with work colleagues, “whinged and sooked” if the victim did not want to have sex, and that he would rip the doona off her if she didn’t want to have sex.
“The offences you committed occurred in the context of a deteriorating relationship which was characterised by you exercising power and control over the victim which included demands for sex in circumstances where it was plain that the victim did not wish to engage in sexual activity with you,” Judge Wraight said.
“You nonetheless exercised what you believed was your right or entitlement to sex with the victim resulting in the charges to which you have been found guilty.
“Having listened to some of the recordings made by the victim – which were played to the jury – in my view, your verbal abuse of the victim was reprehensible and often frightening.
“While each of the rape charges remain serious, in my view charge two may be considered to be the most serious.
“It occurred in circumstances where the victim had recently returned to the home having given birth to your son.
“The victim had stitches inside and outside her vagina following the birth.
“While feeding the baby you demanded sex.
“In disbelief she rejected you, you pulled her underwear down, restrained her by pushing against her throat and then proceeded to penetrate her.”
Judge Wraight said the victim impact statement “eloquently” describes the emotional and financial toll the offending has had on her and that the offender’s conduct has left her emotionally scarred.
“She states she cannot feel at ease or safe in her new relationship, that she is stuck in a constant state of fear and worry and describes how she feels like she has no mental capacity to plan, learn new things or have fun,” Judge Wraight said.
“The victim speaks of the sadness and guilt she experiences as her children have not been raised in a loving and respectful home.
“She states she is a shell of the person she used to be and that her career has not progressed due to the dysfunctional nature of the relationship she had with you.”
The offender was born and raised near Swan Hill with a “stable, traditional and strict” family.
“Your parents reside in Swan Hill and have supported you throughout the criminal process, attending the trial on a number of occasions. You have a younger brother and older half-sister on your mother’s side with whom you remain close,” the judge noted.
“You report you never experienced learning difficulties or behavioural issues at school, and you were actively involved in the school’s football and cricket teams.”
The rapist was jailed for 11 years and six months, with a non-parole period of seven years.
