The 40-year-old defendant, who the Island’s media has decided not to name to protect the identity of his wife, is alleged to have raped his partner while his children were asleep in the same room. He denies the charge.
The jury heard how the couple’s relationship had broken down and the defendant had threatened to kill himself or leave if he did not get more sex.
Under previous legislation, the defendant could not have been tried in the Island for the offence, which happened in a European country. But an overhaul of Jersey’s Sexual Offences Law in 2018 means Island residents accused of crimes in other jurisdictions can face justice in the Island. It is the first time this element of the law has been used in Jersey.
Opening the case, Crown Advocate Simon Thomas told the jury that the defendant had been demanding sex up to four times a day from his wife – despite, the Crown say, having an affair with another woman.
Taking to the witness stand, the alleged victim said her husband wanted sex ‘more and more and more’ and threatened to leave her or kill himself if he did not get it.
The woman told the jury his behaviour was becoming more erratic and reckless, and one night she found him on the living-room floor saying he wanted to ‘end it all’ and he was thinking of stabbing himself.
Following this, the jury heard, the woman asked her husband to choose between her and the woman he was having an affair with.
The family then went on holiday and during their time away the couple had consensual sex, it was heard, but due to the issues in their relationship, it had been agreed that the defendant would spend time away from the family home after the trip.
The woman told the jury that on the last morning of the trip, with the children in beds in the same room, the defendant raped her.
She told the court she repeatedly said no but did not want to shout because of her children. She told the jury that the defendant replied: ‘Don’t say no to me, this is my last chance to be with you.’
She added: ‘I just remembering lying there thinking are you going to shout or say anything, but the kids were just there so I just let him do it. I started crying, trying to be quiet so the kids didn’t hear. I had made it clear I didn’t want to have sex.
‘On other occasions I had not wanted to but I let him do it. This was different because I said no. He knows I meant no but he did it anyway.’
The commissioner, Sir William Bailhache, was presiding.
