A Sudanese immigrant has been sentenced to four years jail after he used Sharia Law as an excuse to rape his wife.
The 40-year-old man, who cannot be named for legal reasons, forced himself onto his now ex-wife at their Perth home in 2012, the Western Australian District Court heard.
Prosecutor Joel Grinceri said the man believed he was entitled to sex under religious law, The West Australian reported.
‘He went on to say that under Sharia Law it was essentially his wife’s religious legal duty to agree to have sex with him whenever he wanted it.’
The man had also told police: ‘When I want to have sex, I’m going to have sex and she knows that.’
The court heard the man forced himself onto his then-wife while his children were also at home.
He pushed her onto the bed before he ‘pried’ apart her legs.
Judge Christopher Stevenson said the man had not only broken the law, but the respect between husband and wife.
‘The victim was obviously vulnerable by reason of her marriage to you and the place in which the offence occurred which was in your bedroom in the house … where she was entitled to feel safe and secure.’
The man was found guilty of one count of aggravated sexual penetration without consent and not guilty of making threats to kill, assault and deprivation of liberty.
He was handed a four year sentence, backdated to November 27, 2018.
He was also made eligible for parole.
The man had fled war-torn Sudan and fled to Australia in 2006.