Former Australian Defence Force worker found guilty of rape by jury

A former soldier has been found guilty of raping his ex-wife only two-and-a-half weeks after he was sentenced for choking her.

A former soldier has been found guilty of raping his ex-wife only two-and-a-half weeks after he was sentenced for choking her.

The man, 32, who cannot be named to protect the identity of his victim, was found guilty of three counts of rape and one count of contravention of a domestic violence order by a jury on October 30 this year.

The Townsville District Court heard the man raped his ex-wife multiple times on May 2 last year.

Prosecuting for the Crown, Andrew Walklate said the man “used some level of force”.

“He pushed her down, which she described as, with such force, had she tried to push back up she would not have been able to,” he said.

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“Preceding the series of rapes were some threats. So there was a threat with a samurai sword … the defendant said he could have killed both her … but has chosen not to.”

Mr Walklate presented to Judge Gregory Lynham a victim impact statement written by the man’s former wife.

The letter detailed how the woman had lost 30kg since the incident and suffered from “overwhelming anxiety”, “disgust” and “grief”.

The court heard the man was on parole at the time of the offence after being sentenced to 18 months’ jail on April 15 last year for choking his ex-wife on April 5, 2018.

Defence barrister Michael Hibble said his client had been discharged from the Australian Defence Force in 2015. “He had significant problems with depression and mental health issues and that seems to have significantly flown over into his relationship and significant domestic violence,” he said.

Judge Lynham told the man his ex-wife would never forget the rape.

“Invariably, you have left an indelible mark on her life such as those drawn out in her statement,” he said.

Taking into account the 310 days spent in custody and declaring the 26 days spent in pre-sentence custody as time already served, Judge Lynham sentenced the man to 5½ years’ jail. A parole eligibility date was set at January 12, 2023.

Originally published as Former Australian Defence Force worker found guilty of rape by jury