A man faces several charges after he allegedly raped and assaulted his wife in May 2025. Photo: Michelle Kroll.
CONTENT WARNING: This article refers to sexual and family violence.
A 69-year-old man has been allowed to return home months after he allegedly sexually and physically assaulted his wife while he may have been experiencing the onset of dementia.
It is alleged he raped, indecently assaulted and physically attacked her at their Canberra home in May 2025, the ACT Magistrates Court heard.
She then called police and ran from the house.
The man, who legally cannot be named to protect his wife’s identity, was arrested and charged with a single count of sexual intercourse without consent and assault, as well as two counts of committing an act of indecency without consent.
He was briefly remanded in custody before he was granted bail to live at another address and not contact his wife, then was granted permission to see her again two weeks ago.
His wife, who is around the same age as him, sat behind him in the ACT Magistrates Court on Wednesday (12 November) when he asked to vary his bail to allow him to return to their home.
The man’s lawyer, Edward Chen of Legal Aid, said medical records showed his client was experiencing a mental health episode at the time of the alleged assaults, but was now on anti-psychotic medications.
He said his team was exploring a defence of mental impairment.
Prosecutor Ilsa Hattam read out a letter by the wife in which she said her husband “needs to be allowed to come home”.
“My finances are now at a crisis point. I can’t keep this up,” the wife said.
“I am alone in the house now.
“I miss [him] so much. We love each other and want to be with each other.”
But Ms Hattam said the man’s dementia-type symptoms may have factored into his alleged offending and she opposed the proposed bail variation.
“It’s simply too early to allow this defendant to return home, when I say this diagnosis clearly goes to the defendant’s risks to the complainant,” she said.
“Dementia only gets worse with time. It doesn’t get better.”
Mr Chen clarified his client hadn’t been diagnosed with dementia, but there was a concern that he had it.
He also argued that if he did have early-onset dementia, that was all the more reason why he needed the support of his wife.
The defence lawyer said his client was now being treated with anti-psychotics and receiving counselling. He argued there was only a theoretical risk that the man could become violent due to his possible dementia.
Ultimately, Magistrate Alexandra Burt said the man had been compliant with his treatment and she took into account his wife’s desires as well as the impost at accommodating him at another home.
She said she expected that if there were an issue at their house, the wife would contact the police again.
The magistrate allowed the man to return to their home, but imposed a new bail condition requiring him to engage with Canberra Health Services for treatment.
The matter was adjourned until December.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
Interesting to be told something personal about this bloke. But his difficulty, come the distant day… View