澳大利亚高等法院周三作出一致判决，驳回一名被控强奸妻子男性的上诉，认可妻子秘密录制的对话作为有效证据。[1]被告人（化名Potter）因两次强奸熟睡的妻子被判有罪，另有两项指控陪审团未达成共识，目前正在服刑9.5年。[1]
妻子在最后一次强奸事件发生一个月前用手机录制了与Potter的对话，其中他承认了攻击行为。[1]法院裁定这段秘密录音合法且可采纳为证据，理由是"这对申请人来说是必要的，以避免被真正强奸的风险"。[1]法院在判决中强调，"一个人不被强奸的利益值得获得最强烈的保护"。[1]妻子作证称录制这段对话是为了"说服自己无论发生什么都不要回到他身边"。[1]
法律专家Heather Douglas将该决定视为澳大利亚家庭暴力法的重大里程碑，认为它明确承认了身体自主权和完整性的合法利益。[1]
Australia's High Court has unanimously upheld the use of a secret recording as evidence in a domestic violence prosecution, marking a significant legal development in protecting abuse victims. [1] The court rejected an appeal by a man identified as Potter, who was convicted of twice raping his sleeping wife, with two additional charges resulting in a mistrial. [1]
The critical evidence in the case was a phone recording made by Potter's wife approximately one month before the final assault, in which he admitted to the attacks. [1] The High Court determined that the covert recording was lawful and admissible, reasoning that "it was necessary for the applicant to avoid the risk of being actually raped." [1] The court further emphasized that "the interest of a person in not being raped deserves the strongest protection." [1] The wife testified that she made the recording to convince herself "not to go back to him no matter what happened." [1]
The ruling has been recognized as a watershed moment for Australian domestic violence law. [1] Legal expert Heather Douglas has characterized the decision as significant because it explicitly acknowledges the legal interests in bodily autonomy and integrity. [1] Potter is currently serving a sentence of 9.5 years. [1]