Key Takeaways
- A woman was allegedly raped by a man who deceived her into believing he was her consensual partner
- The offender used deception to commit the crime, telling the victim that her partner’s Uber had been cancelled and that he would be returning to the room
- The victim was able to escape and later reported the incident to the police, providing a recorded phone call as evidence
- The offender attempted to cover his tracks by altering an Uber receipt and asking his friend to lie about the events of the night
- The case will return for a plea hearing next week, with the defence maintaining the accused’s innocence
Introduction to the Case
The case involves a woman who was allegedly raped by a man who deceived her into believing he was her consensual partner. The incident occurred in a second bedroom, where the victim had previously had consensual sex with the accused’s friend. After the friend left to call an Uber and go home, the offender told the victim that the friend’s Uber had been cancelled and that he would be returning to the room. This was a lie, and the offender used this deception to commit the crime.
The Alleged Rape
The victim told police that the person who entered her room was not the man she had just had sex with, but she was unable to make out who it was due to the darkness. The person climbed into her bed and reached around to put his hands down into her vagina, despite her not consenting to be penetrated. The victim was startled and told the person to stop, but they continued until she was able to wriggle away. When she asked if it was the male friend who had reportedly left and returned, the person replied that it was him, but the victim was suspicious due to the person’s voice sounding like the offender’s.
The Aftermath
After the incident, the victim was able to get her hands free and feel the person’s hair and face, which she said matched that of the offender. The offender then ran from the room, slamming the door behind him, but not before the victim saw his longer hair in the hallway light. The victim left the house at 2:24am, contacting friends and family while distressed and crying, and telling them that she had been raped. The offender, on the other hand, began texting and calling his friend, obtaining a copy of the Uber receipt and altering the time of the journey to suggest that the friend did not leave the house until 2:37am.
The Investigation
The victim reported the case to the police and made a recorded phone call to the offender, in which he told her that it would be a real reassurance if she would just "move on with her life". The prosecution argued that the offender used deception to commit the crime, and that he attempted to avoid accountability with even more deception. The defence, on the other hand, maintained that the accused was innocent, and that the victim had gotten things wrong. The defence also pointed out that it made no sense for the accused to commit the offending only a room away from where his girlfriend was sleeping.
The Defence
The defence barrister, David Hallowes, SC, said that his client was a humble, respectful, and honest person who was respectful to all people. He pointed to five character references that supported this claim, and argued that it was unlikely that his client would commit such a crime. Hallowes also suggested that the victim may have misinterpreted the events of the night, and that the accused did not go into the room, get into bed, or commit the alleged offences. The defence also questioned the nature of the relationships within the group of friends, suggesting that some members may have been closer than others.
Conclusion
The case will return for a plea hearing next week, with the prosecution and defence presenting their arguments. The outcome of the case will depend on the evidence presented and the credibility of the witnesses. The alleged use of deception to commit the crime and the attempted cover-up by the offender will be key factors in the case. The victim’s testimony and the recorded phone call will also be crucial in determining the outcome of the case. Ultimately, the court will have to decide whether the accused is guilty of the two counts of rape, or if the victim has indeed gotten things wrong.