Overview
- The High Court of Australia unanimously dismissed the man’s appeal on Thursday and upheld his 2023 convictions for two counts of raping his wife while she slept.
- Justices ruled the 2019 covert audio was lawful because the complainant’s use of her phone was reasonably necessary to protect her bodily integrity and autonomy.
- The recording captured the defendant admitting he had started having sex with her when she was asleep and saying he had sexually assaulted her.
- Legal experts say the judgment is a major milestone that may make similar survivor-made recordings admissible in protection-order and domestic-violence proceedings, though future cases will define limits.
- The court emphasised the real-world pressures on survivors — including caring for children, health and limited support — and noted state laws differ on secret recordings, so the decision’s exact reach will play out in coming cases.