An Illawarra man accused of sexually assaulting his intellectually disabled ex-wife has been granted strict conditional bail.
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The man, who cannot be named for legal reasons, is alleged to have had forced himself on the woman after having learned of her new address from one of their children and turning up at her house drunk one day in April.
Police documents tendered to Wollongong Local Court on Thursday said the man arrived at the woman's home just after 8.30pm and banged on her door, prompting a neighbour to come outside and inform him the alleged victim was asleep.
However, the woman, bleary-eyed from having just woken up, answered the door a few minutes later and allowed her ex-husband to come inside.
The man told her to remove her clothes before they sat on the lounge and he allegedly forced her to perform fellatio on him.
He then told the woman "give me sex" before they went into the bedroom and he raped her, police will allege.
The man then told the woman to get dressed and drove her about 15 minutes to his home. It is alleged he forced her to perform fellatio on him during the car trip.
The same sequence of events that allegedly occurred in the woman's house were repeated when the pair arrived at the man's apartment, the court documents said.
The woman disclosed the incident about a week later to her disability support worker, who took her to the police station to make an official report.
Detectives arrested the man on Thursday morning and charged him with aggravated sexual assault of a person with a cognitive impairment.
He denied forcing himself on his ex-wife during an interview with police, claiming the sex between them had been consensual.
In granting strict bail on Thursday afternoon, Magistrate Roger Clisdell said the case against the man was purely about consent.
"There's no dispute that the sex took place, but he says that the encounter was consensual," Magistrate Clisdell said.
"This is a case where DNA and forensic evidence won't take the case any further.
"It's not the weakest case I've ever seen, but also not the strongest I've ever seen.
"The cognitive impairment of the complainant will make the prosecution case difficult."
As part of his bail, the man is barred from contacting his ex-wife, must not enter the suburb where she lives, has to report to police daily and must refrain from being intoxicated in a public place.
He must also abide by a nighttime curfew unless he needs urgent medical attention.
The case will return to court on September 11.
