A 35-year-old man has denied allegations he raped his wife of 10 years, telling a Ballarat jury from the witness stand on Friday “that didn’t happen”.
The man, who The Courier has chosen not to name to protect the complainant’s identity, is charged with raping his wife in February 2017 during their marriage breakdown.
He has pleaded not guilty to five counts of rape alleged to have occurred at the couple’s former family home and the complainant’s home.
The man chose to give evidence at the County Court in Ballarat on Friday, answering questions from his barrister Alan Hands.
Each rape allegation Mr Hands put to his client, the accused man responded with, “it didn’t happen” or “that never happened”.
Police allege the man raped his wife in her bedroom about 7am on February 3 when he arrived at her house to pick up his child.
But the man told the jury his wife opened the front door, gave him their child’s bag and he left the address with the child at 7.05am.
The defence then tendered a photo the man took of himself and his child in his vehicle, parked on the side of the road, at 7.09am.
Police allege the man raped his wife four days later on February 7 at their former family home in between meetings with real estate agents to prepare for the house’s sale.
The man told the jury between 5.15pm and 6pm while they waited for the second real estate agent to arrive, his wife went to the en-suite and their children were playing inside and outside the house.
He said when she returned to the family room she sat on a record player, which caused a whole section to break away.
Mr Hands asked the man if he touched his wife inappropriately and if he knew how she received a two-centimetre scratch on her perineum.
“I do not know how she got the scratch,” the man said.
He said he and his wife signed documents for the first real estate agent to sell their house, but the second real estate agent stated she would list the house for sale $10,000 more.
“I think (my wife) wanted a lot more. She previously mentioned in the past she wanted $350,000,” the man said.
He said he was annoyed he signed the document with the first real estate agent before the meeting with the second agent, but he and his wife did not raise their voices when talking about it.
The man denied he took his wife’s keys and mobile phone into the master bedroom or locked the house’s doors.
Four character witnesses told the jury the man had a good reputation in the community.
The Crown will cross-examine the man on Monday before Judge Bill Stuart is expected to give his legal direction to the jury.