Warning: This story includes details of alleged sexual offending and may offend some readers.

A judge deciding a case of a man accused of raping his wife says the couple’s text messages supported the husband’s proposition that the relationship was a supportive one, albeit one that was unravelling.

Judge Noel Sainbury’s comments are contained in his reasons for the verdicts, which were released after a recent judge-alone trial in the Wellington District Court, where the man denied six charges of sexual violation and violent offending against his former wife.

During the trial, both gave evidence and conflicting accounts about their marriage of more than 15 years.

She described how the relationship had been rocky from the start but had descended into violence, threats to kill and rape.

He told the court it was a loving, mutual marriage, where they supported each other’s endeavours until the last few years when her mental health deteriorated.

Releasing the reasons for his verdict, Judge Sainsbury said the case turned on his assessment of the credibility and reliability of each.

Judge Sainsbury said that while he heard evidence during the trial of the wife’s PTSD, this didn’t make her evidence any less credible.

There was no evidence that mental illness caused hallucinations or, in itself, created false memories or delusions, he said.

The judge found she was an honest and reliable witness, and her account was plausible.

He also found that other witnesses gave evidence that supported the wife’s account, and her diagnosis of PTSD was consistent with her having suffered the type of trauma associated with the allegations.

“The possibility that this was an abusive, controlling relationship, in which the defendant offended against the complainant in the manner alleged, is an available conclusion on the evidence. But it is not the only available conclusion.”

The judge said the defendant’s evidence was also credible, and he couldn’t discount that it wasn’t true.

During the hearing, the defence provided hundreds of messages the pair exchanged on various forums, including Facebook, WhatsApp and email.

Judge Sainsbury said while he accepted the Crown’s proposition that the text messages didn’t necessarily reflect the true nature of the relationship, that wasn’t the general tenor of the texts.

“While mental illness does not make the complainant’s account less credible, there is weight in the defence position that the complainant viewed the actions of the defendant in a negative light that impacted her ability to be objective and impartial.

“That is also illustrated in her understanding and interpretation of the text messages. The complainant’s reading of the text messages did not fit with what they plainly said.”

Accordingly, the judge said he couldn’t exclude the reasonable possibility that the husband’s evidence was true, and he found the husband not guilty of all charges.

Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.

FAMILY VIOLENCE

How to get help:
If you're in danger now:
• Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:
• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.
How to hide your visit:
If you are reading this information on the Herald website and you're worried that someone using the same computer will find out what you've been looking at, you can follow the steps at the link here to hide your visit. Each of the websites above also has a section that outlines this process.