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




Reality TV show "turned our special day into a joke"

UNHAPPY: Maryborough couple Emma and Steven Dilliway who star on Australia's Cheapest Wedding and are not happy with the outcome.

Reality television helped turn this wedding into an internet joke

Child pregnant after abduction

CARNAL KNOWLEDGE: An ultrasound in June confirmed the girl was pregnant.

Man impregnates 13-year-old girl

Eight crews attend fire near Aldridge High

Bushfire near Aldridge State High School.

Right crews are working to contain a fire near Aldridge High.

Latest deals and offers

Tom Hiddleston's Instagram account hacked

Actor Tom Hiddleston

Thor star the latest celebrity targetted by hackers

Charlize Theron's son dresses up as Frozen character

Actor Charlize Theron

Star's son spotted dressed a beloved Frozen character

BOOKS: Food for thought in Caroline Beecham's latest novel

Maggie's Kitchen by Caroline Beecham is published by Allen & Unwin, RRP $29.99.

New novel reminds readers that bravery exists in many forms

TELEVISION: New show is a Survivor, for now

Jonathan LaPaglia hosts the TV series Australian Survivor.

WHAT happens when a new show with a big budget flops?

Rachel Weisz understands celebrity gossip fascination

Actor Rachel Weisz

Weisz says mystery is good for an actor

Gina Rodriguez relished dramatic change for new film

Jane the Virgin lead Gina Rodriguez

TV star shaved her hair for movie role

REVEALED: Pat Rafter's $18m Coast house on the market

Check out the photos of the Coast's most expensive property for sale

The "correction we had to have" in Gladstone's rentals

UPWARD MARCH: The rental vacancy rate in Gladstone has improved for the first time in more than a year, providing a confidence boost in the market.

Vacancy rates improve with signs that things are getting betterF

ISLAND FOR SALE: Cheap Fraser Coast island drops price again

Suna Island in the Great Sandy Strait will be auctioned by Ray White Hervey Bay on Saturday morning.

This is the cheapest island you will find for sale in Australia

How a family home can fit on a 250sq m block

This is what you can build on 250m2.

Here's the floor plan of a home built on 250sq m

$100m plan for Curtis Island 'world class' luxury resort

$100 million resort: Top views at Turtle Street at Curtis Island.

"At the moment we think it meets all the town planning approvals.”

Noosa mayor on "red alert" over planning court decision

Mayor Tony Wellington hands down his first budget.

Mayor upset at lack of say about look and feel of Noosa