Jon Seccull found guilty of rape in Victorian County Court

The Wallace man was jailed in 2021 for 15 years after being found guilty of raping his then wife, but was granted a retrial after an appeal was upheld in 2022.

He was convicted by a jury of nine men and two women in the Victorian County Court, who returned guilty verdicts in relation to three charges of rape and one charge of threat to inflict serious violence, after deliberating for three days.

The trial focused around four alleged incidents of rape which occurred between April 2011 and September 2015, and the complicated string of threats and controlling behaviour that Seccull allegedly used to force his wife to do as he wanted.

In his closing address, prosecution lawyer Daryl Brown said Seccull had coerced his victim to have sex with other men and punished her with sexual violence when she didn't do as he wished.

The court heard, after years of pressure, Seccull's wife finally relented to his demands in 2011 and began having sex with other men and recording it for her husband's pleasure.

Allegedly, Seccull had told the victim she had failed as a wife and mother, and submitting to his sexual fantasies was the only way she could redeem herself.

Once Seccull's wife began recording sexual encounters with other men, she alleged the videos were used to blackmail her, as Seccull said he would circulate the material around her colleagues and family members if she didn't obey him.

On multiple occasions the court heard Seccull subjected his victim to degrading and painful sexual acts until she vomited, and was often used as a form of punishment after he didn't get what he wanted.

When his wife developed closer bonds with some of the men Seccull had encouraged her to sleep with, the former prison guard became jealous, and when his wife returned, he subjected her to violent sexual acts without her consent.

In September 2015, after a fight, Seccull came into the couple's bedroom holding a rifle, and told his wife he would put her in the ICU, then shoot himself in their driveway leaving his body for their children to find.

The pair separated in March 2016, and Secull's wife made her first statement alleging rape to police in early 2017.

As the prosecution's main witness, the trial focused around the reliability of the victim's testimonies.

Mr Brown ended his closing address by telling the jury why the victim had waited several years before reporting the rapes to police.

He said the victim had delayed divulging the abuse as she feared breaking up her family.

Seccull's wife made six separate statements to police, across three years, as she recollected her memories of abuse.

Mr Brown said when the victim first made contact with police to apply for an intervention order against Seccull, she had been dealing with her job, caring for children, and dealing with family law and Department of Human Services proceedings.

"With all that going on it's understandable why she wouldn't want to proceed with charges of rape," he said.

The victim had also needed time to consider divulging the "highly private and embarrassing" details, Mr Brown said, and that the traumatic nature of the events meant some of her memories were clouded.

"[The victim] told you that being traumatised is not logical and can affect memory," he said to the jury.

In his closing address, defence lawyer Jason Gullaci SC said the jury should reject the victim's testimony, as there was evidence she had made "multiple demonstrable lies".

He alleged the victim was untruthful about details regarding the couple's sex life, and disputed her account of being coerced into having sex with other men.

In relation to Seccull's controlling behaviour, Mr Gullaci said the victim had repeatedly demonstrated that she was free to do as she pleased in the relationship.

The defence also questioned the validity of the victim's statements to police, as she had not reported her husband's violent conduct in initial meetings with officers.

Mr Gullaci questioned why it had taken Seccull's wife several years, and six separate statements, to report the man's offences.

"How much time do you need? The chronology [of reports] in my submission is incredible," he said.

"It shouldn't take someone that long."

Seccull did not give any evidence during the trial, but Mr Gullaci referred to his clean criminal record, and his clear denials of wrongdoing in a police interview, a recording of which was shown in court, as evidence of the man's innocence.

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Before releasing the jury to make their decision, Judge Sarah Dawes said it was important to acknowledge that people's reactions to trauma were different, and that this affected how and when some people reported sex crimes.

The jury took more than 10 hours to reach their verdict, but they eventually found Seccull guilty of two charges of rape on a date in February 2014, one charge of rape in April 2015 and one charge of threatening to inflict serious injury in September 2015.

He was found not guilty on three charges of rape and two of assault in relation to an incident in April 2011, and three charges of rape relating to an incident in September 2015.

Seccull was remanded to custody and the matter was adjourned for a plea hearing at a date to be fixed.

Affected by this story? There is help available.

You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.

Or phone Lifeline on 13 11 14, the Blue Knot Foundation on 1300 657 380, or Relationships Australia on 1300 364 277.

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