DV offender rapes former wife’s sister after a party

A repeat domestic violence offender who once set fire to a partner’s foyer raped his former wife’s sister after drinking alcohol at a party.

The man, who cannot be named for legal reasons, was sentenced in Rockhampton District Court this month after pleading guilty to an array of offences including rape, breaching domestic violence orders, burglary and common assault.

The 43 year old was on bail for the burglary and common assault offences against his former wife when he committed the rape.

Crown prosecutor Samantha O’Rourke said the defendant and rape victim had both been drinking at a party in late 2018.

She said the victim slept in a room on her own while the defendant went to sleep on a couch.

Ms O’Rourke said the victim, 21, woke up to the defendant penetrating her and said “what the f---”.

She said the defendant apologised and left.

The court heard the victim noted the defendant did not have pants on and his shoes were near the door.

He left and was confronted later by the victim’s sister and the defendant threatened self harm.

Ms O’Rourke said the defendant’s sperm was found in a swab of the victim’s genitals.

A month later, the defendant tapped on his former wife’s bedroom at 2.30am wanting to talk about their marriage.

Ms O’Rourke said the defendant asked the victim to “come out and hit me” so he could stop loving her.

Days later, the defendant called the victim a sl-- over the phone.

Three months later, the defendant attended his former wife’s residence at 5am, cut the power to her house and broke in.

He had duct tape, an ice pick, wrench and zip ties in a bag, using the ice pick and wrench to break into the house.

The victim called out “is that you, bub?” and the defendant responded “why did you drop the kids off tonight? Are you waiting up for him?”

The defendant, dressed in dark clothing, jumped on top of his former wife, pinned her down and held a knife to her throat.

Ms O’Rourke said the defendant kept referring to one of the victim’s former boyfriends and the victim claimed the defendant was “extremely jealous”.

She said the victim’s sister, who was the rape victim, pushed the defendant off the sister.

Judge Jeff Clarke said the defendant showed jealous and possessiveness traits while committing these offences.

He said a psychological report indicated the defendant had no insight into the impact of his domestic violence offending, with the defendant’s history including a conviction for arson where he started a fire in a victim’s foyer.

Defence barrister Scott Moon said the defendant’s father was a police liaison officer working in an indigenous community, while his mother had been a victim of domestic violence carried out by the defendant’s stepfather.

He said the defendant had three children, one which died at a young age.

Mr Moon said the defendant had worked in various occupations including construction.

He said his client had been engaged with Alcohol, Tobacco and Other Drugs Services and reduced his alcohol intake to one or two drinks when he did drink.

Judge Clarke said the burglary instance contained disturbing and frightening features.

He ordered the defendant to a head sentence of eight years prison, declared 253 days presentence custody and set parole eligibility at April 29, 2023.