Updated | Jury trial kicks off against man charged with raping his wife
On the night of the crime, the accused allegedly returned home at 4:00am, woke his wife up, and raped her
This story contains graphic depictions of sexual abuse which some may find disturbing | Updated at 4:30pm
The trial against a 44-year-old man from Tarxien charged with raping his wife has kicked off on Wednesday.
He is accused of raping his wife and engaging in non-consensual acts with her and is also charged with possession of cocaine.
The case goes back to May of 2019 when the police were notified that a woman went to Mater Dei Hospital and in severe distress she informed them that in the earlier hours of the night, her husband had raped her.
The incident allegedly occurred after the accused returned home from a band club at 4am, woke his wife up, forced her to engage in non-consensual acts with him, and eventually raped her.
Despite the woman’s repeated refusals and her pleas for him to leave her alone, the accused insisted he was “in the mood” and forced himself on his wife. She cried throughout the ordeal and he allegedly told her, “The more you cry, the angrier I get.”
At this stage, the woman had already begun separation proceedings. In January of the same year, when the accused was notified of his wife’s wish to separate from him he angrily returned home, allegedly tore up her pyjamas, and raped her.
The victim did not report this incident because the accused threatened that if she went to the police, he would do far worse things to her.
Following this, the victim decided to halt the proceedings to give him one last chance after he promised that he would not frequent band clubs anymore. On a particular weekend, the victim went to look for the accused after he did not return home after a night out. Ultimately, the victim decided to resume the separation proceedings and cut all ties with him.
Whilst the separation was ongoing, the accused and the victim were still living in the same household and sleeping in the same bed.
Victim tells inspector: Accused made unwanted advances while drunk
Former police inspector Paula Ciantar took the stand and recalled the rape incident which occurred in January of 2019, as explained to her by the victim.
She was told by the victim the accused had ripped her pyjama top off, and the inspector herself elevated the torn-up piece of clothing from the victim’s residence.
“The victim was extremely scared and disappointed in giving her version of events”, she said.
The victim further explained to the inspector that when he came into the bed, he reeked of alcohol and starting making unwanted sexual advances towards her.
Inspector Ciantar told the court that the couple had been married for fourteen years.
The victim also told the inspector that for a period of time she consented to sexual relations with her husband because he wanted to change and work on their marriage. However, she quickly changed her mind as the accused stuck to his original habits and did not act on his words.
The victim constantly reaffirmed that the sexual acts occurred without her consent and that she suffered great discomfort whilst he performed oral sex on her.
Victim’s crying made accuse even more ‘aroused’
The video of the accused being interrogated by the police was shown in the courtroom.
Upon being questioned, the accused confirmed that he engaged in sexual acts with his wife, but said that she gave him her consent. He insisted his wife had touched his private part several times, with the act in question taking around 20 minutes.
The accused was also questioned by the interrogator: “Did she tell you that she does not want to?” He replied in the negative, saying she only told him that they shouldn’t be having sex, since were undergoing separation proceedings.
At first, he denied seeing the victim cry, however he later admitted that she did cry, and that her crying made him even more “aroused”.
He told the police he wanted to have sexual relations with his wife because he wanted to try and fix their marriage, and in the video expressed his dismay at their separation.
AG lawyers Jennifer Polidano and Darlene Grima are leading the prosecution. Legal aid lawyer Simon Micallef Stafrace and Guilia Micallef Stafrace is appearing for the accused.
Madam Justice Consuelo Scerri Herrera is presiding over the case.
