Husband acquitted of assault charges
An Albany father has been acquitted by a jury of four charges over accusations he violently and sexually assaulted his estranged wife.
An Albany District Court jury deliberated on Monday before delivering unanimous not guilty verdicts on four charges including two counts of aggravated indecent assault, aggravated sexual penetration without consent and aggravated assault occasioning bodily harm from December 11, 2015.
The man, 38, faced a five-day trial accused of the incident after he found his wife with another man, an 18-year-old neighbour who was a family friend.
The prosecution had alleged the woman was allegedly pushed over in the kitchen and kicked in the leg and hip whilst she was on the ground before her attacker grabbed and twisted her breasts, digitally penetrated her without consent and hit her head with her mobile phone causing bruising.
The 18-year-old man was earlier assaulted after being found in a wardrobe but fled the home.
Testifying in the trial, the accused said he was devastated and angry to discover his wife with another man but denied the accusations he indecently assaulted her by twisting her breasts and digitally penetrated her.
He admitted to pushing her over but denied kicking her while she was on the floor.
Judge John Staude said the jury had the responsibility to test the defence of provocation, which justified the assault if the act led to the accused or any ordinary person to lose self-control under the circumstances of discovering an affair.
Defence lawyer Mark Andrews said his client had not given up on the marriage and the date to which their relationship ended was also disputed.
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