Alleged rape at Mackay sports club fancy dress party


A MACKAY man has refuted claims he sexually assaulted another member of his sporting club while she was passed out in the back of her car.

It is alleged the incident occurred in September last year during the soccer club's end of year celebration.

Crown Prosecutor Will Slack told the jury the woman woke to "the feeling of someone pulling her pants down" before she was sexually assaulted.

The man had pleaded not guilty in Mackay District Court to one count of digital rape.

"Sporting clubs are somewhat of an institution in Australia, they bring people closer together and often form lifelong friendships," Mr Slack said told the jury during his opening address.

"The classic end of season function is also a contributor to that and is also an opportunity for members of the club to celebrate their achievements throughout the year.

"It is certainly not an occasion to commit unlawful sexual acts on other club members."

The court heard the end of year celebration had been fancy dress and the woman had been drinking from about 2pm - and although things became "hazy" for her later in the afternoon, she claimed she did not have a lot to drink.

The jury heard she recalled needing assistance to use the toilet because of her costume and also vomiting while in the bathroom.

Mr Slack said the next thing the woman remembered was waking up on the back seat of her car wearing different clothes before she fell back to sleep.

The court heard she then recalled was waking up to her underwear being removed followed by the sexual assault.

Mr Slack said when she asked who it was, a male voice responded with the name of her boyfriend.

"However she knew straight away that it wasn't her partner and recognised the voice," Mr Slack said.

"She turned to look at him … and she recognised the defendant straight away."

The court was closed as the woman gave evidence for the six-man, six-woman jury.