A man who twice raped his girlfriend while she lay dying from a drugs overdose was today jailed for 18 months.
Jason Halliley, 30, of Blackburn Place, Batley, originally denied raping Rachel Mooney, of Chadwick Fold Lane in Mirfield.
But on the fourth day of his trial last month, Halliley changed his plea to guilty and also admitted causing grievous bodily harm.
Passing sentence, Judge Norman Jones QC described it as a "wholly unusual and bizarre case."
The court heard how Halliley had collected Ms Mooney, his partner of ten years, from Halifax after she had had a night out with another man on September 2, 1999. They had fallen out on the way home to Mirfield. He brought her home and she took a number of the drugs Halliley had been prescribed to fight his alcoholism, before losing consciousness.
The court heard that Halliley had no idea Ms Mooney had taken any drugs. He took her upstairs and had forceful sex with her twice, causing her internal bruising, external cuts and bleeding.
Judge Jones said: "I am satisfied on what I have heard that had Rachel had full control of her senses, she would have, in all probability, welcomed the advances as a peace-making move.
"In the event, she was unable to do so - a factor you probably did not appreciate in your drunken state.
"I have no doubt that had she been alert, she would have protested at the use of excessive force."
The court heard how Halliley had an honest but drunken belief that Ms Mooney had consented to the intercourse.
He had served previous jail terms for possession of drugs and driving whilst over the limit and disqualified, but had no previous convictions for violence.
He was sentenced to 18 months for inflicting grievous bodily harm and nine months for each of the rape charges, to run concurrently. He will also be put on the Sex Offenders' Register for life.
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