Many sexual abuse cases involve a perpetrator already known to the victim. A recent report from the Australian Institute of Health and Welfare revealed that one in six women have experienced physical and/or sexual violence from a partner since the age of 15.
In a recent case brought before the District Court in New South Wales, a woman was sexually assaulted and abused by a person she had been in a domestic partnership with.
On September 29, 2017, a woman was talking on the phone to another man in the home she shared with her partner, though they had plans to separate. Her partner became jealous and angry, and eventually pinned her down and assaulted her, forcing her into sexual acts she was adamantly trying to resist. He was accused of two offences – intentionally choking with recklessness and sexual intercourse without consent.
Shortly after the incident the woman called the police and the man was arrested. She had sustained injuries to her face when he had slapped her and bruising on her neck when he had choked her.
The man later confessed that he had been jealous and angry and had forced himself violently on the victim, and he showed remorse during the recorded interview conducted while he was in custody.
During the hearing, the man admitted that he had told his psychologist that he had a previous pattern of this type of behaviour. He continued to show remorse and apologised to the victim, admitting he should have gotten help previously and didn’t. The psychologist he had seen indicated that he showed signs of having Borderline Personality Disorder.
Among the mitigating factors that the man submitted as his defence were that he had no prior convictions and that he was unlikely to re-offend while he remained in the Domestic Violence Relapse Prevention program and continued to receive psychological treatment.
Additionally, the defence submitted that the man was only 20 at the time of the incident and struggled with an unstable family and other difficult conditions from his upbringing that could have contributed to his mental condition.
The judge ultimately ordered that the man was convicted of both offences and the total sentence would be four years of imprisonment.
If you have been the victim of a sexual assault or harassment incident, our team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers can help you file a claim. Get in touch with us today for a free consultation.