Wife’s secret recording used to convict husband of rape in South Australia
Consensus Summary
A South Australian man was convicted in 2023 of two counts of rape after his former wife secretly recorded him admitting to non-consensual sex while she was asleep. The recording, made in 2019, captured him saying he had ‘started having sex with you when you were asleep’ and ‘sexually assaulted’ her, with the High Court later ruling it admissible. The man appealed, arguing the recording was unlawful, but the court upheld the decision, emphasizing the complainant’s right to protect her bodily integrity and autonomy. The man is now serving a maximum sentence of nine years and six months with a five-year non-parole period. The case highlights the legal complexities of covert recordings in abuse cases, with experts noting the judgment sends a strong message about rape as a violation of fundamental rights.
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Key details reported by multiple sources:
- A man was convicted in 2023 of two counts of rape in South Australia’s District Court, with two other counts unresolved due to a hung jury
- The man’s former wife secretly recorded him admitting to rape in 2019, saying he had ‘started having sex with you when you were asleep’ and ‘sexually assaulted’ her, with him replying ‘Not really, no’ when asked if she was responsive
- The High Court ruled the recording was admissible in evidence and upheld the convictions, stating the complainant’s use of the recording was ‘reasonably necessary to protect her lawful interests’
- The man is serving a maximum prison sentence of nine years and six months, with a non-parole period of five years
- The prosecution alleged the man had sex with the complainant without her consent on four occasions while she was sleeping
- The High Court judges included Chief Justice Stephen Gageler and Justices Michelle Gordon, Simon Steward, Jayne Jagot, and Robert Beech-Jones
- The complainant had two small children, health problems, minimal family support, and came from a religious family, which the court noted as context for her situation
Source Articles
He admitted raping his wife. Her secret recording helped convict him
The man fought all the way to the High Court to have the recording, made on a mobile phone, excluded from evidence in his trial.
He admitted raping his wife. Her secret recording helped convict him
The man fought all the way to the High Court to have the recording, made on a mobile phone, excluded from evidence in his trial.