Australian man gets 3 years imprisonment for trying to rape wife, attacking daughter

Karen Matthews [Geelong Advertiser]
June 24th, 2010

A 43-YEAR-OLD Geelong man has been jailed for three years for attempting to rape his wife and assaulting his teenage daughter with a torch. The man, who cannot be identified, had pleaded guilty to charges of attempted rape, indecent assault and two counts of recklessly causing injury.

Handing down sentence in Geelong County Court yesterday Judge Phillip Coish said that at the time of his offending, the accused had been married to the victim for 17 years. He said that in June last year the accused man was in bed with his wife when he asked her for sex. She refused the request and went to sleep. Judge Coish said the victim woke during the early hours to find her husband fondling her body.

When she again refused his request for sex, the accused man sat on the victim's chest and performed a sexual act. Judge Coish said that in July last year the victim went to bed and was woken during the night by her husband again fondling her. He asked her to have sex and, when she refused, he told her, 'You're gonna get it anyway.' His honour said the accused man got a torch, got out of bed and locked the door.

"You then pulled the doona and sheets off your wife and removed her pyjama pants," he said. "The victim struggled and you were yelling at her, 'Give it to me you bitch'." Judge Coish said that as the struggle continued the victim was screaming and yelling for help."You then struck her to the head with the torch," he said.

"Hearing her mother's calls for help, your daughter started banging on the door yelling 'Stop it, Stop it. The child was very upset and you were very angry.You got off the bed, opened the door and told your daughter, 'Your mother is a mole.'You then hit your daughter to the face with the torch."

Judge Coish said the victim intervened and together with her daughter, fled the house.

The child suffered bruising and pain to the head. His honour said that when interviewed by police, the accused man made full admissions and, shortly after his arrest, sought treatment for anger management.

Judge Coish said the man had a good work record and had made significant contributions to the community.
"But you acted impulsively, lacked self control and had a pre-conceived attitude towards your entitlements to sex in marriage," he said.

The judge said the accused man had four prior court appearances between 1984 and 1989, some of which involved the use of violence.The man was convicted on all counts and sentenced to a total of three years' jail with a non-parole period of  18 months.