MELBOURNE — Opening submissions were heard Wednesday in the Victoria County Court for a man facing two counts of rape and one count of sexual assault. The man, who cannot be named, has pleaded not guilty to the charges.
Prosecutor Matthew Fisher told the court the alleged offences occurred in March 2023. Fisher said that on the night of the incident, the woman spent the evening with the man, consuming alcohol and cocaine, listening to music, and watching football at a friend's residence.
According to Fisher, the woman was at the man's house at the end of the night when he attempted to kiss her and sexually assaulted her. She pushed his hands away and stated, "I don't want this." Fisher told the court that the man responded with phrases such as, "you're so sexy," "I can't sleep, help me," and "I need this." The woman reported feeling the man rape her twice.
Fisher stated, "She turned around to face him, and at that point she punched him with her fist to his face, to his nose." Fisher added that the man then grabbed his face and said words to the effect of having a broken nose. The prosecutor continued that the woman got out of bed and accused him, using an expletive, of being a rapist. Fisher said the man then began to say he should not have consumed alcohol, that his nose was "damaged," and questioning his actions, to which the woman responded with an expletive to express she wanted him to be quiet, reiterating that he had just committed sexual assault and was a rapist.
Following the incident, the woman went to another room and used her phone to make notes about what had occurred before texting her mother. Her mother subsequently contacted the police, despite the woman's initial reluctance to involve authorities. An officer contacted the woman around 3:00 AM on March 24, 2023. Police arrived at the property shortly after this call. An officer and two colleagues spoke with the woman, and one officer recorded the conversation with a body-worn camera. This 35-minute video footage is expected to be presented to the jury.
The woman had previously worked for the man as his personal assistant for several months the year prior. They re-established contact to discuss other employment opportunities, which led to his invitation to his property. The court heard that the woman is expected to testify that the man had made prior sexual advances towards her, but she had made it clear she was not attracted to him.
Dermot Dann KC, the man's barrister, stated in court on Wednesday that the alleged victim had "massive issues" regarding her credibility and reliability, including previous false allegations she made against police. Dann said the woman claimed she remained at the house after the alleged rapes and sexual assault and hesitated to contact authorities because of a prior false allegation involving police. He added that the woman discussed "recompense" with her mother while still at the man's house after the incident. Dann told the court that as the mother tried to persuade her daughter to leave the premises, the woman did not want to. "So there is a dispute [between the prosecution and defence] about what's running through her mind ... when she's trying to do that," Dann said. The woman was expected to provide evidence in a closed court session on Wednesday afternoon.
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