ENCINITAS — A 40-year-old man was convicted Aug. 13 of rape and domestic violence charges relating to an incident with his ex-wife last summer in her Encinitas home.

After nearly a week of deliberations, a jury found Kerry Head guilty of a single felony count each of rape, oral copulation by force and inflicting corporal injury to a spouse. In addition, the panel also found Head guilty of two misdemeanor counts for violating the restraining order his 33-year-old ex-wife had against him.

The jury was hung, however, on two other felony counts — residential burglary and making criminal threats. The prosecution is expected to dismiss those charges.

An Oct. 10 sentencing date has been set for Head.

Jane Doe, whose identity has been withheld at the request of the prosecution for her protection, testified that sometime after midnight July 20, 2007, Head entered her home while she was asleep and raped her under the threat that if she didn’t comply he’d kill her and then himself.

She said she escaped in her car after she convinced Head she was having a miscarriage and needed medical assistance. Doe said she lied to Head about being pregnant at the onset of the attack, in an attempt to dissuade him from raping her.

In his testimony, Head didn’t deny that he entered Doe’s home unannounced or that she eventually fled from the residence leaving him dumbfounded in the driveway. He said he had gone over to his former residence that night to talk about financial issues he was having due to child support and paying for his ex-wife’s rent.

However, Head was adamant their sex was consensual, though he admitted it took a little badgering about “the promise” — a loose agreement between the couple to have sex one more time, which Head had asked for in lieu of dragging out their divorce — before she agreed to have sex.

In a phone interview after the verdict, defense attorney Kerry Armstrong said following the trial, jurors told the attorneys that they looked beyond the he said/she said testimony of the former couple to determine if a crime had occurred.

One piece of evidence jurors said weighed on their decision was Head’s friend Raquel Fuller’s recorded statement to authorities, in which she said Head called her shortly after the incident and admitted to raping Doe.

“He said, ‘I did a really bad thing. I used the key to break in and forced her to have sex with me,”’ Fuller said.

In addition, jurors also said Head’s confession letter to a probation officer and a voice message he left immediately following the incident, in which he apologized for his actions, played a part in their decision, the lawyer said.

Armstrong said Head would probably appeal the conviction.