A senior federal public servant accused of family violence crimes had a "tendency to turn violent when he did not get his way", a court has heard.
"He became aggressive or violent in response to minor disagreements or when [the alleged victim] challenged him or displeased him," prosecutor Marcus Dyason told an ACT Supreme Court jury on Tuesday.
Justin Isaac Benn, an assistant director at the Department of Health and Aged Care, has pleaded not guilty to two counts of sexual assault without consent, three of committing an act of indecency without consent, and one of assault.
His alleged victim has consented to being identified in media reporting.
Delivering his closing address on the sixth day of the trial, Mr Dyason asked jurors to consider Benn's alleged behaviour over the course of the marriage when determining his guilt.
The prosecutor also said Benn had a tendency "to engage in sexual acts with [the alleged victim] while she was asleep", something she accused him of doing "20 to 30 times".
But on the indictment presented to jurors, the man is accused of twice sexually assaulting his wife by having penile-vaginal sex with, and performing oral sex on, her while she was asleep.
"A time where she could not possibly be consenting," Mr Dyason said.
The alleged victim previously gave evidence she awoke confused on one occasion and asked her husband, who had been sleeping on the couch during a period of separation, what he was doing.
He allegedly responded: "Well, you're still my wife."
During the other alleged sexual assault, Benn is said to have claimed also being asleep. Mr Dyason described this as an "absurdity".
Benn is also accused of indecently assaulting her three other times while she slept.
Other allegations against Benn included that he pushed his wife into a dishwasher, tackled her to the ground, hit her in the head with a cordial bottle, threw a saw at her, and choked her on three occasions.
He is not charged for many of the alleged acts, which he denies, said to have taken place between 2013 and 2021.
The court has previously heard Benn admit to having a temper, losing "my cool", punching holes in walls, throwing and breaking his phone, threatening to stomp on his wife's broken foot, and hitting her with a small glass bottle.
Mr Dyason described the marriage as "a relationship that had both good times and very bad times", and said Benn has repeatedly tried to downplay his violent actions.
The prosecutor said jurors could not believe Benn's concession about only punching holes in walls on three occasions, when evidence had previously shown "17 distinct patches" in his home.
Delivering his closing address, defence barrister James Sabharwal said there was no question the couple had been in a "tumultuous relationship". But he told jurors they had to be dispassionate when assessing the evidence.
"This is a sex case and there are various views in the community about sex cases," he said.
"You're not a court of morals, you're a court of law."
Mr Sabharwal asked the jury to consider whether the alleged victim "had an axe to grind against" Benn, whom she was at times attempting to leave.
"What better way to separate completely than to make allegations which we say are false," he said.
Referring to the woman waking up confused during one alleged sexual assault, the barrister asked: "Was she dreaming?"
"When you put it alongside the denial by Mr Benn, you might say to yourself, 'I have a doubt'," he said.
Both Mr Sabharwal and Mr Dyason also accused the alleged victim and Benn, respectively, of changing answers during the case.
The trial is set to continue on Wednesday, when Justice Chrissa Loukas-Karlsson is expected to complete her summing up before the jury begins deliberations.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525.
