Man sentenced to 13 years in prison for rape of wife

For the next 13 years and one month, the man who was earlier convicted of raping his now estranged wife, will be behind bars.

The 39-year-old resident of Welcome who was found guilty by a jury on October 31 this year on four counts, including rape, two counts of assault occasioning actual bodily harm, and abduction, was sentenced on Monday.

Among the offences with which the husband was charged, a not guilty verdict had been returned on four others, including another rape charge, an attempted murder charge, a damage to property, and aggravated burglary charges.

The offences were said to have occurred across three different time periods, which were October 13, October 15-18 and December 13, 2014.

Written submissions had been made by lawyers on either side of the case, which included Acting Director of Public Prosecutions Sejilla McDowall for the crown, and Ronald Marks for the defendant, to Justice Esco Henry.

However, before the judge sentenced the defendant, she stated, “I want to express to you that I hope you will use the opportunity over the next several years, the rest of your life, to improve yourself, and to ensure that you do not find yourself in a similar situation before any court for sentencing.”

For the assault which was said to have occurred on October 16, the judge described the facts of it as “particularly loathsome.”

“(The husband) violated the sanctity of his wife’s home, and proceeded to attack her in a horrendous fashion with a kitchen knife which he aimed at her head, while she was on the floor in front of him, and while their son was in the next room sleeping. There is no excuse for such conduct,” Henry noted.

She also noted that the husband had indicated a willingness to undergo counselling, and that she did not believe it fell under the category of the “most depraved” assaults.

Some aggravating factors were the use of a knife, trespass into the home, and the fact that the husband had committed the offence while on bail. With his remorse, and absence of antecedents, the final sentence was 3 and a half years, which, with the two years and 11 months that he has already spent in jail was reduced to seven months imprisonment, to be served from the day.

With regard to the count of rape on October 13, 2014, Justice Henry started at a point of 13 years imprisonment which was raised based on the aggravating conditions of the presence of domestic violence elements including the abuse of power, and the physical and psychological impact on the wife, the use of a knife, and trespass.

Therefore, the time was increased to 17 years, but decreased because of mitigating factors to 16 years. From this, the time that he already spent on remand was deducted, and the final sentence was 13 years, and one month from that day.

This rape had occurred in the apartment that the wife was living in, and which the husband apparently forced his way into. A penknife was used in the act, and the husband, who was in an agitated mood and was asking her about other men, forced his wife’s clothes off and forced himself on her.

For the other two counts, namely the assault occasioning actual bodily harm on December 13, and the abduction on the same day, the judge ruled that time had been spent on remand for those already.
Many things were said to have happened on December 13, when the husband was supposed to come and pick up his son from his wife. The wife in an effort to avoid her husband, ran from him and into a neighbour’s apartment, but she said he forced her to get out of that apartment and walk back to the main road, while brandishing a knife. The assault charge had stemmed from where the wife said that she was thrown over a low level wall following this, and threw her into the gutter twice while trying to stab her. The incident apparently happened in front of their young son. The sentences are to run concurrently.