A 70-year-old man has been jailed for 12 years after pleading guilty to raping his wife on five occasions while she slept during their marriage.
The Supreme Court of Tasmania heard the abuse occurred between 1997 and 2015, with the assaults happening so frequently they “became the norm”.
The victim, who was married to the man identified only as REJP for 20 years, told police she would wake to find her husband penetrating her.
When she tried to roll away or curl into a ball, he would continue.
The assaults often lasted more than 30 minutes.
The court heard the woman did not initially understand the abuse constituted rape because they were married.
She reported the offending to police in 2020, five years after the marriage ended.
Justice Stephen Estcourt acknowledged the courage required to come forward.
“She was violated and degraded. She was treated as if she were a sex object,” he said.
The victim provided an impact statement describing significant physical, emotional and psychological trauma.
The offender admitted to the conduct in a police interview but claimed he did not consider it rape.
He told investigators he believed he had “implied consent” once his wife woke.
Justice Estcourt firmly rejected this.
“That sexual acts within marriage may only be consensual is so well known now that the fact could not, in this day, be doubted for one moment,” he said.
“No intimate partner may ever be subjected to such sexual violence of this nature.”
Justice Estcourt said the crimes demanded a sentence that denounced the behaviour, deterred others and vindicated the victim.
“Both the law and civilised society condemn such conduct,” he said.
The man will be eligible for parole after six years and must register as a sex offender for 10 years following his release.
If you or someone you know has experienced sexual assault, support is available through 1800 RESPECT (1800 737 732).
