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Dartford husband jailed for sex attacks

Scales of justice
Scales of justice

A shift worker who repeatedly molested his wife while she was asleep has been jailed for 16 months.

The 41-year-old construction worker was told by a judge his now estranged wife had been caused "mental anguish" and was "profoundly distressed" by what happened.

The man, from Dartford, who cannot be identified for legal reasons, admitted three charges of assault by penetration.

Maidstone Crown Court heard the couple had been married for 11 years, but had been together much longer.

Nina Ellin, prosecuting, said the wife would wake up to find her pyjama bottoms had been pulled down and her husband touching her.

"Sometimes she would pretend to be asleep and then he would behave in that way," said Miss Ellin.

"She described it as disgusting and horrible. She never had an apology from him."

She said: "You should not be doing this to me. I feel as if you are raping me. You need to get some help."

The prosecutor said the husband behaved in such a way eight or nine times before they separated.

After complaining to the police, the woman was medically examined and she described it as having to relive her ordeal.

"It is clear she was deeply distressed," Miss Ellin said of the offences. She describes it as "dirty and disgusting".

The husband told police he had come off a night shift and "tried it on" with his wife.

On one occasion, she woke up and "went mad" and hit him.

Judge Philip Statman said of the offences: "Grave though they are, they were confined to the circumstances of an unhappy marriage.

"Of course, there is mental anguish. These are not consensual offences. This is non-consential activity because she is asleep at the time."

Tom Stern, defending, said the husband had been seeking to arouse the victim from sleep for sexual activity.

Passing sentence, the judge said: "Your wife made it abundantly clear to you she did not want you to do this while she was asleep.

"You must understand when your wife said no, she meant it. She said no on more than one occasion."

Judge Statman added: "I am satisfied you have shown genuine remorse. I am satisfied you feel shame."

He invited the authorities to consider sex offender treatment on the husband's release.

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