Former NRL star loses appeal after court found he ‘raped his wife’
Former NRL star Michael Jennings has lost an appeal after his former wife was awarded nearly $500,000 by a court following a bitter civil suit.
Former NRL star Michael Jennings has lost an appeal where he claimed he was not afforded a fair trial after a judge awarded his ex-wife $500,000 for alleged abuse during their marriage.
Kirra Wilden successfully sued the former State of Origin representative in the NSW District Court in 2021, alleging her former husband abused and sexually assaulted her during their relationship.
She alleged Mr Jennings sexually assaulted her on four occasions throughout 2014 and 2015 at the couple’s home in Kensington, and later Bella Vista.
Ms Wilden was awarded $490,000 for personal injuries including post-traumatic stress disorder.
The former football star has continued to deny he ever sexually assaulted his former wife. He has never been charged by police.
NSW District Court Judge David Wilson found in favour of Ms Wilden after accepting her as “an honest and reliable witness”.
But Mr Jennings fronted Sydney’s Court of Appeal in November 2022, where his lawyers argued the decision was the result of a legal error which reversed the onus of proof and awarded excessive damages for future economic loss.
A full panel in the appeal court, Justice Anthony Meagher, Justice Anna Mitchelmore and Acting Justice John Basten, dismissed the appeal on Tuesday and published a judgment.
The judgment detailed the allegations, with the first incident occurring in October 2014 when Mr Jennings is said to have arrived home in the early hours of the morning, smelling of alcohol and cigarettes.
“Ms Wilden said he forced her to engage in sexual intercourse without her consent,” the judgment reads.
“The second incident was alleged to have occurred in late 2014 under similar circumstances where Ms Wilden was again forced by the appellant to engage in sexual intercourse without consent.”
The final two incidents occurred in 2015, when Mr Jennings again returned home late, smelling of alcohol and cigarettes.
The judgment said the former NRL star allegedly forced Ms Wilden to engage in sexual intercourse without consent.
Mr Jennings appealed against liability and one aspect of the assessment of damages.
The first two grounds of appeal alleged the judge had misdirected himself as to how he should assess the plaintiff’s evidence, with a consequence he had effectively reversed the burden of proof which fell on Ms Wilden.
In regard to the damages, Mr Jennings submitted the sum of “$100,000 awarded on account of future economic loss was manifestly excessive”.
“The sum was not calculated on the basis that there was any established likelihood of lost work days or unemployment, but rather by way of a buffer against the possibility of such losses arising,” the judgment said.
The judges found Mr Jennings “failed to make good his grounds” of his appeal and dismissed it.
Mr Jennings has been ordered to pay his ex-wife’s costs.