A man convicted of rape and common assault has been released from prison on a suspended sentence.
A man convicted of rape and common assault has been released from prison on a suspended sentence.

Rapist sent victim love letters from jail

A MAN convicted of rape and assault has been released from prison after serving 313 days on remand.

The 39-year-old, who cannot be named by law, pleaded guilty in the Gladstone District Court on Wednesday to common assault and rape.

The plea came after a jury was empanelled and a three-day trial was due to begin.

The man was sentenced on Thursday morning.

Crown Prosecutor Samantha O'Rourke told the court about the December 2019 night which followed the man's mother's wake.

The man and the victim, 26, were at his home where she wanted to sleep.

She woke to him trying to take her clothes off.

He told her he wanted some "loving" but she said "no."

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She saw a needle and asked to go home, where the pair arrived just before 1am.

She received a distressed call from a friend which made the man become aggressive.

He tried to pull down her pants again and spoke to her "in riddles".

On the day-bed he once again tried to remove her pants and she told him to stop.

He slapped her in the face before he pushed her onto the bed.

He followed her throughout the house and threatened to stab her if anyone else showed up.

The woman became physically sick and was crying.

The man once again pushed her onto the bed and tried to pull her pants down.

She tried to move legs away but he persisted.

He raped the victim with his fingers and she screamed.

She laid face-down and he repeated the action.

"She kept screaming," Ms O'Rourke told the court.

Anyone seeking help in a domestic violence situation should contact:

1800-Respect: 1800 737 732

Gladstone Women's Health: 1800 749 222

DV Connect Womensline: 1800 811 811

DV Connect Mensline: 1800 600 636

Policelink 131 444 or 000 in an emergency.

Ms O'Rourke said the woman wrote a note for help she had planned to hand to a taxi driver the next morning when they went back to the man's place at 9am.

She called the police that night.

During a pretext phone call, the man said he allowed his "bad side to be revealed."

He was arrested and remanded in custody.

While in prison he sent letters to his victim.

In the first one he apologised for what he had done.

Ms O'Rourke told the court the man had a history of violence and drug offending.

Defence barrister Phillip Hardcastle told the court the man wrote the victim "love letters" from prison where he told her that he loved her and wanted to be with her.

"He seemed to have had this misconception she was still interested in him," Mr Hardcastle said.

READ MORE: Gladstone man choked partner until she stopped breathing

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He said the pair had previously had consensual intercourse.

Mr Hardcastle told the court on the day in question his client had consumed meth, marijuana and alcohol, which had effected his judgment.

"He says he's remorseful for what happened on the day," Mr Hardcastle said.

Mr Hardcastle said his client had plans to get off drugs for his late mother.

Judge Michael Burnett said the man ought to have respected the victim's wishes when she first said no.

"When you are told by somebody 'no' it means 'no'," Judge Burnett said.

He said the man had a "weakness" and an attitude when it came to domestic affairs.

"You wish to be possessive of and express dominance over your life partners," he said.

"You need to respect the wishes of your partners."

The man was sentenced three and a half years' imprisonment, suspended after 313 days - already served.

He was placed on probation for five years and 18 months, which includes drug testing.

  *For 24-hour sexual violence support call the national hotline 1800RESPECT on 1800 737 732 or MensLine on 1800 600 636.   

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