Tasmanian rapist loses appeal

Ethan James

A rapist who threatened to snap his victim's neck if she didn't follow his demands has had an appeal against his conviction dismissed in the Supreme Court of Tasmania.

Marcus Paul Wilson was last August sentenced to five years' jail after being found guilty of two counts of rape over an attack on a woman in a public toilet in 2014.

A jury heard Wilson left the woman on the concrete floor of the toilet block after earlier picking up her and a friend in his car as they were walking home at night.

During the attack, Wilson said he'd "snap her neck" if she didn't comply.

In an appeal against the conviction, Wilson's lawyers argued the jury had been misdirected by comments made by the trial judge in summing up the case.

During the trial, Wilson's defence argued the woman had made up claims of rape.

But they were not put to her during cross-examination.

In giving his final directions, Justice Stephen Estcourt told the jury they "might think" the weight of that argument was diminished.

But the Court of Criminal Appeal ruled on Tuesday in the context of summing up what Justice Estcourt said was "not misleading".

"(It) cannot be said to have given a rise to a miscarriage of justice," the judgment read.