Bendigo man acquitted of raping wife to plead guilty to indecent assaults

The man, in his late 30s, was tried on one charge of rape, one charge of digital rape and one charge of indecent assault, which related to touching over clothes.

Another two counts of indecent assault, to which he has pleaded guilty, are yet to be heard by the court.

The events in question were alleged to have occurred in November and December 2020 when the former couple, who have a child together, were living separately but undergoing mediation and trying to resolve some issues between them.

With regard to the alleged rapes and indecent assault he has been found not guilty of, the man denied any sexual activity occurred.

According to the prosecution, the two incidents in question had happened while the man and woman were lying on a bed watching TV.

Given the lack of a confession and any forensic or medical evidence, the jury was instructed that the emphasis was on the woman's evidence.

The law required the jury to be satisfied beyond reasonable doubt that the man had done what she alleged.

During the trial the jury were reminded on various occasions that regardless of marital status, under Australian law "it is not ok to have sex without consent".

After a day of deliberation the six men and six women of the jury returned on Friday, February 16, and delivered verdicts of not guilty to the three charges.

The accused looked straight ahead as the verdicts were announced to the court, presided over by His Honour Judge Pardeep Tiwana.

The accused will return to the County Court for a hearing on the indecent assault charges he has already pleaded guilty to.

With regard to these, he has admitted to being at the woman's house, going into her bathroom, and grabbing her sexually against her wishes while she was in the shower.

According to the prosecution, he told her, "you're my wife," as he did so.

The case will be heard in April.

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