Cheating allegations prior to alleged rapes and assault

A MAN accused of raping his now former partner twice in one night, along with choking her and assaulting her, has given a jury a different version of events.

The man, who cannot be named for legal reasons, testified in his trial in Rockhampton District Court today, saying he and his former partner had been arguing via Facebook messenger for two days prior to the alleged offences.

He pleaded not guilty to two counts of rape and one of choking on September 1, but did plead guilty to an assault occasioning bodily harm while armed charge.

He claimed he had stayed away from her house for two days, as he had done previously while using methamphetamines.

The man said they had been conversing in Messenger over the two days, with both throwing cheating allegations at each other.

He said she invited him over on August 28, 2019, after she spoke to him on the phone about 7pm.

The defendant said he walked with her cousin, who lived with her, from a mate’s place to her house in North Rockhampton.

The man claimed she was sitting in the garage smoking marijuana when they arrived and their argument continued.

He said he pushed her at one stage and her cousin stood up to defend her, with the two men going outside to fight but the cousin turning around and going back inside before any punches were thrown.

The man said he took off and went to a tavern for an hour before returning and apologising to her.

He said they hugged and she invited him in.

The man claimed they sat on the couch kissing for a while and he gave her a love bite.

However, crown prosecutor Elise Sargent told the jury during her closing address the victim claimed he bit her shoulder while they were hugging and it was not a love bite.

The man claimed after kissing for a bit, they relocated to the bedroom and away from the children in the house.

However, Ms Sargent said the victim alleged he forced her into the hallway to the bedroom, kicked her hip, grabbed her by the throat and held her to the wall.

Ms Sargent said the victim described losing her ability to breath and feeling like she was dying when she was allegedly choked.

The defendant denied her allegation of choking, claiming he grabbed her by the neck but did not choke her, and the assault took place later in the series of events.

He claimed they moved to the bedroom and had consensual sex in the bed, and continued having sex in the shower.

However, Ms Sargent said the victim alleged he told her to pull her pants down and she said no.

She said the victim further alleged she complied only after he threatened her with a bat.

Ms Sargent said the victim claimed she told him no again before he penetrated her genitalia, and the bat was on the bed next to her during the alleged rape.

She said the victim alleged he forced her to have a shower in the morning.

The defendant claimed he spent a further five minutes in the shower after the woman left and found her on the couch deleting messages on her phone, which he suspected were from other men she was sleeping with.

He admitted he “lost the plot” and assaulted her.

The assault was described by his barrister Ross Lo Monaco as vicious, savage and cowardly.

The defendant admitted to punching the victim, hitting her with his mini baseball bat that he carried in his pants everywhere he went, and possibly grabbing her by the hair.

The victim also accused the man of “putting knives to her stomach” during the assault, which he denied.

Photographs shown to the jury showed a broken knife in the bedroom and a butter knife in the wardrobe.

The man claimed after the assault, they went to sleep and in the morning, she said she wanted to go to her mother’s place to get more marijuana.

The defendant said when they were part way there, she told him she wanted him to go back to her place and he complied and went back and slept.

Ms Sargent said the victim’s mother testified her daughter arrived calling “mum, mum, mum” and was crying.

She said the mother testified her daughter told her the man had bashed her and raped her.

Ms Sargent said the mother claimed she then went and made a cup of tea.

The court heard a triple-0 call made by the victim.

Mr Lo Monaco took issue with how long it took the victim to tell the operator she had been raped.

He said the victim first told the operator there had been a domestic at her house the night before and the defendant had attended her place uninvited, which she admitted was incorrect during cross examination.

Mr Lo Monaco said the operator pointed her to go to the nearest police station as this was not an emergency and the victim asked if police could go to her as she had been kept up all night by the defendant and she had children with her.

He said the victim then told the operator the defendant kept her up all night, bashing her.

Mr Lo Monaco said the operator asked if she wanted an ambulance, to which she replied yes and then said “he also raped me”.

The jury has been asked to decide if consent to the sexual acts was given, or not given.

The jury went out to deliberate at 4.04pm today before later being dismissed for the evening.

They are expected to deliver a verdict in coming days.

Agreed facts in the case:

The victim was transported to the Rockhampton Hospital’s emergency department by ambulance on August 29, 2019.

Her clinical examination showed she had elongated bruises on her back, her external and internal genitalia were normal, and there was a small amount of blood around her rectum but no obvious skin trauma.

Police examined her house in North Rockhampton, finding blood on a baseball bat in the garage and in the bedroom which was matched to the victim.

The defendant was examined, cooperatively, on August 29, 2019, and there were no significant findings.

A blood sample from the victim showed marijuana in her system to the level found 24-48 hours after a person consumes the illicit drug.

The distance between the victim’s address and her mother’s was 1.2kms.