Rapist ripped woman's pants off with Neanderthal-like force
A WOMAN has described fluctuating moods from seductive to enraged of her defacto moments before he violently tore off her pants and raped her as "scary".
The man, who had five prior domestic violence convictions due to his paranoid jealous behaviour, pleaded guilty to one count of rape and one of contravening a domestic violence order in Rockhampton District Court on Tuesday.
The couple had five children.
Crown prosecutor Alexandra Baker outlined the man's escalating paranoid, jealous, bizarre behaviour prior to the rape incident.
These included chasing the woman through the house and throwing a light globe at her, throwing a handbag at the back of her head when she was pregnant, punching a hole in a wall while she sought refuge from him in a walk-in wardrobe, imprisoning his family in a car for almost eight hours and making the victim walk around her house on video conference to prove there was no other man in the residence.
After the couple had separated, he turned up at her residence and accused her of having another man in the house, searching the whole residence for the phantom man.
On the night of the rape, in August 2018, the defendant turned up at her Rockhampton residence about 10pm and accused her of having sex with his friend, which she denied.
Ms Baker said the defendant's mood fluctuated between loving and aggressive.
She said their nine-year-old daughter was woken up by the commotion and the defendant interrogated her about whether she had seen the man he alleged was sleeping with the child's mother before sending her back to bed.
The court heard the victim then asked the defendant to leave, but he did not.
Ms Baker said the defendant then started being seductive towards the victim, but she denied him.
Judge Michael Burnett said to stop the defendant from pulling her pants down, the victim held up her pants, but the defendant was more powerful.
Ms Baker said the defendant struggled with the victim before "removing her pants so forcefully they ripped entirely".
Judge Burnett said: "A significant degree of force had to be used to do this."
Ms Baker said the victim huddled on the floor but the defendant persisted, placing his hands down her underpants, placing three fingers in her vagina (the rape) as she screamed and kicked out.
She said he pulled his fingers out, sniffed then and said something about being right about her being with another man. "The defendant's behaviour is almost Neanderthal like," Judge Burnett said.
Ms Baker said when he left, it became like a race to the police station, with the victim gathering her children and driving to North Rockhampton Police Station and hiding in the car park until after the defendant left in a taxi.
She said the victim impact statement read: "The look on his face when it changed from seductive to really angry scared me."
Defence barrister Tom Polley said the defendant was apologetic to the victim and their children.
"He recognises this is all of his fault," Mr Polley said.
"Jealousy is a factor along with his mental health (anxiety)."
Mr Polley said the defendant had watched as his father stabbed his mother's new partner to death, with 21 stab wounds, when the defendant was 10 years old.
He said his mother repartnered years later, with his stepfather accused of sexually assaulting the defendant's sister and his stepfather dying by suicide.
Mr Polley said his mother repartnered again to a man who was a good role model, but the defendant was kicked out of home at age 14 due to his own bad behaviour.
Judge Burnett said the defendant's behaviour after the car imprisonment incident was flagged by authorities as needing intervention, but the defendant did not follow through with directions to domestic violence programs, psychologist and Alcohol and Other Drugs Services.
"You minimalised your offending, showing a serious lack of insight by you," he said.
"You plainly have difficulty dealing with the emotion of jealousy. It seems to override you."
Judge Burnett ordered the defendant to 3.5 years prison with immediate parole eligibility after declaring 249 days presentence custody.