The offending happened when the 38-year-old man arrived home affected by alcohol and wanted to have sex. She reluctantly agreed but then withdrew her consent and the defendant became rough, pulling her hair, pinning her down and continuing to have sex.
He punched her on the jaw and, when she retaliated, punched her again.
The defendant was convicted after a jury trial and Judge Michael Crosbie commended the woman for the "understated" way she had given her evidence.
She was not in court to "stick the knife in", he told the defendant during sentencing last week.
But it was not simply a case of consent being withdrawn. There had been additional and overt violence to enforce the act.
Rape was always violent, the judge said. It was made more so when there were separate acts of assault and a physical and power imbalance "as there was here".
Crown counsel Craig Power said there had been some vulnerability, given the woman's health at the time. And the man's position as the woman's partner meant the offending had involved a breach of trust.
For the defendant, Andrew Dawson said the man accepted responsibility for what he had done and accepted he would be going to prison, although the woman had not wanted that to happen.
"It appears alcohol took over your life at the expense of your relationship," Judge Crosbie said. "But your former partner still has positive things to say about your role as a parent".
He urged the man to register as soon as possible for dependency treatment to deal with his alcohol issue and to attend any psychological programme available to him.
On the rape charge, the man was sentenced to five years and four months' jail, with concurrent terms of nine months on the assault and six months for intentional injury.
And the judge said the case was one where "in the interests of the victim and the family" there should be final name suppression.
If you're in danger NOW:
• Phone the police on 111 or ask neighbours of friends to ring for you.
• Run outside and head for where there are other people.
• Scream for help so that your neighbours can hear you.
• If you are being abused, remember it's not your fault.
Where to go for help or more information:
• NZ Police
• Help Auckland 24/7 helpline 09 623 1700
• Rape Prevention Education
• Wellington Help 24/7 crisisline 04 801 6655, push 0
• Male Survivors of Sexual Abuse
• Women's Refuge: Free national crisis line operates 24/7 - 0800 REFUGE or 0800 733 843 www.womensrefuge.org.nz
• Shine, free national helpline 9am- 11pm every day - 0508 744 633 www.2shine.org.nz
• Shakti: Providing specialist cultural services for African, Asian and Middle Eastern women and their children. Crisis line 24/7 0800 742 584
• White Ribbon: Aiming to eliminate men's violence towards women, focusing this year on sexual violence and the issue of consent. www.whiteribbon.org.nz
