Man, 39, jailed after he raped and filmed his unconscious ex-partner

A man has been sentenced to almost a decade behind bars after he filmed himself raping his unconscious former partner, the mother of his child.

A father has been jailed after he raped and filmed his child’s mother who had passed out after a night of drinking.

The man, 39, who cannot be named for legal reasons, was found guilty by a jury on multiple counts of rape, aggravated indecent assault and distributing an image obtained by indecent filming.

On Thursday, the Adelaide District Court heard that in 2020, the man and his partner had split after four years together but the man continued to pursue the victim despite her saying the relationship was “over”.

The man received a jail term of nine years and two months imprisonment.

In March of 2020, the victim had been at her sister’s house “drinking heavily” and was “significantly affected by alcohol”.

After an altercation at her sister’s place, the victim went back to her mother’s house, before also attending the man’s mother’s home, where she eventually passed out.

“She went to sleep alone in a bedroom, she states she woke up the next morning with you asleep next to her,” Judge Paul Slattery said.

The court heard the man had filmed himself touching the victim, inserting his fingers into her vagina as well as other sexual acts, across five separate videos.

“The victim gave evidence she did not give consent to this activity or to you filming the activity,” Judge Slattery said.

The court heard the man then contacted the victim on Facebook saying that he had videos of her which he had proceeded to send her.

Data extracted from the man’s phone showed he had sent a still image taken from one of these films to another mobile phone.

The court heard the offending had left the victim “feeling vulnerable” and had caused her to develop “significant trust issues”.

Judge Paul Slattery called the offending “humiliating” and “psychologically damaging” to the former partner.

“You have taken advantage of a female while she was heavily intoxicated … you engaged in filming her while she was in an unconscious and intoxicated state,” Judge Slattery said in sentencing.

“It is necessary to deter people who are minded to engage in conduct such as this without the consent of their partner.

“Crimes of indecent filming are becoming more prevalent, this is not surprising given the evolution of technology but it is also a very concerning trend.”

“You did not show any insight or contrition for your offending and continue to maintain your innocence.”

The man was sentenced to nine years and two months imprisonment with a non-parole period of four years and eight months.

This was backdated to April 11, the day the man’s bail was revoked and taken into custody.