News

Man jailed for raping estranged wife

INTOXICATED and tired after having friends and family over for a pre-Christmas party, the woman went to bed.

She awoke in pain to find her estranged husband raping her.

Those were the scenes described in Maryborough Magistrates Court as a man, who cannot be named for legal reasons, was sentenced to five-and-a-half years in prison for raping his estranged wife three years ago.

The woman held a party at her Maryborough home two days before Christmas and invited her former partner, who she separated from two years previously.

The court heard alcohol was consumed at the party and the man, 43, and his former partner were both intoxicated.

During the course of the evening, the man sent a text to his estranged wife, asking her to have sex with him.

She told him she wasn't interested.

About midnight the woman decided to go to bed.

Her daughter went in to check on her to make sure she was okay and saw her mother asleep on her stomach in underwear and a singlet.

When her daughter left the room to go back to the party, the man rose from his seat and said he was going to go check on her as well.

The court heard the victim awoke with pain to find the defendant on top of her.

The woman told him to stop and he did, immediately leaving the room.

She reported the incident to the police the next day.

Crown prosecutor Susan Hedge said testing had proven that semen found on the victim's underwear belonged to the defendant.

The court heard the woman had struggled with mental health issues since she had been abused as a child and her husband had been aware of the abuse his former wife had been subjected to.

Ms Hedge said that added a "level of callousness" to the man's actions, as well as the fact that she had been unconscious or asleep when he started his assault.

Defence barrister Paul Rutledge said his client had epilepsy and a heart condition, which would negatively impact on his time in prison.

He said his client had depression and an adjustment disorder, which had several characteristics including impulsivity, which may have played a role in the rape.

Judge Michael Noud sentenced the man to five-and-a-half years in prison with a parole release date of October 10, 2017.

Topics:  maryborough court




What's On: Dinner to mark NAIDOC theme

The nationally celebrated NAIDOC week was held in early July.

Tinana interchange upgrade now underway

Member for Maryborough and Federal member for Wide Bay Llew O'Brien at the site of the Tinana interchange upgrade.

THE project to upgrade the Tinana interchange is now underway.

Latest deals and offers

Thy Art Is Murder are killing it

See Thy Art is Murder on their killer tour happening right now. Photo Contributed

We talk with Thy Art is Murder about touring, babies, and new music

Date announced for Prince tribute concert

A Prince tribute concert will take place later this year

Matt Damon is taking a break from acting

Matt Damon is taking a break to spend time with his family

Police foiled terrifying 1m plot to kidnap Katie Price

Police foiled a £1 million plot to kidnap Katie Price and her family

Kristen Bell's baby confession

Kristen Bell once pretended to be asleep when her baby woke up early

Babylon 5's Jerry Doyle has died

Jerry Doyle has died from unknown causes at the age of 60

You can own this Queensland town for just $1

Yelarbon

Unprecedented auction of town's business centre with no reserve

Work starts on $15M Caloundra apartment building

Turning the first sod at the Aqua View Apartments site in Kings Beach are (from left) husband-and-wife developers Alex Yuan and Stella Sun with construction company Tomkins director Mike Tomkins and Councillor Tim Dwyer.

Developers excited about addition to Kings Beach skyline

72-year-old Coast developer set to start new project

GREEN LIGHT: The Cosmopolitan has been approved for development at Cotton Tree.

Meet the Canberran set to deliver another chapter for Coast suburb

Plans revealed for 1500-lot 'master-planned community'

Precinct will be bounded by Boundary St and Shoesmith Rd

Ecco Ripley sales run sparks prime release

MOVING IN: Sekisui House has announced the release of more residential blocks at Ecco Ripley.

Sekisui House is preparing to unveil more land at Ecco Ripley

The climb is slow but property on the way up

Michael Matusik, director of Matusik Property Insights.Photo Allan Reinikka / The Morning Bulletin

The improvement would be mild when compared to past cycles