Man who raped pregnant partner declined early release; resigned to serving term

The 40-year-old Mosgiel man appeared in front of the Parole Board at the Otago Corrections Facility for the first time last month, where he was declined early release. Photo / File

A Mosgiel man who raped his pregnant partner says he is willing to serve his entire jail term as penance.

The 40-year-old was sentenced before the Dunedin District Court to five years, four months' jail after being found guilty of the violation, as well as charges of injuring with intent to injure and assault with intent to commit sexual violation.

He appeared in front of the Parole Board at the Otago Corrections Facility for the first time last month, where he was declined early release.

While the prisoner had originally pleaded guilty to the charges, by sentencing he admitted the violent sexual conduct had occurred.

"The parole assessment report for today's hearing records that he is very ashamed of his offending and is prepared to serve his whole sentence to make amends to [the victim]," panel convener Martha Coleman said.

The jury at the trial heard that the man had returned home from work on November 12, 2016, having drunk pre-mixed cans of bourbon and cola, and propositioned his wife, who was seven weeks' pregnant at the time.

Despite her vomiting due to morning sickness only minutes beforehand, she acquiesced.

Her consent, however, was withdrawn once things began.

She said he suddenly pinned her arms down and pulled her hair while she screamed for him to stop.

The woman said she even bit the man's tongue to signal her displeasure when he kissed her. After the rape, the defendant left the room but later returned, trying to cuddle his partner then remove her pants.

She told the jury how she lashed out and kicked at the man, to which he reacted by punching her twice.

After being picked up by police and only allegations of violence having been aired, the man told them, unprompted: "I didn't rape her".

While in prison, the sex offender had suffered "mental health issues", the Parole Board heard.

He was concerned his medication was inappropriate and was concerned there was no more counselling available to him after an initial course.

Coleman said the prisoner was due to complete the Drug Treatment Programme next year.

The next step was for the board to receive a psychological assessment focusing on whether any further treatment was available, "whether this be in prison or in the community, taking into account his mental health and literacy difficulties".

The prisoner will appear again before the Parole Board in March next year.