DISTURBING COURT CLAIMS EMERGE… – A Melbourne court has heard allegations that a prominent man repeatedly said, “I can’t stop,” during an alleged s3xual assault after using c0caine. His legal team strongly denies the allegations, claiming the encounter was fabricated, as the high-profile case moves through the courts.
A high-profile Melbourne man accused of raping a woman in his own home – before she punched him in the face – claims the entire incident was fabricated.
The man, well known in Melbourne social circles, cannot be named for legal reasons.
He appeared at Melbourne County Court on Wednesday, pleading not guilty to two counts of rape and one count of sexual assault.
The jury heard the accused invited the woman to his home on March 23, 2023, where they allegedly drank wine and used cocaine together.
It is alleged he told her she was a ‘good kisser’, though the complainant claims she does not remember kissing him.
The pair discussed boundaries, with the woman allegedly telling the man she wasn’t interested in him sexually and ‘never would be’.
She also reportedly told him she was not attracted to him and did not want a relationship.
The court heard the woman believed he ‘seemed to accept’ her boundaries.
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The man, who cannot be named for legal reasons, pleaded not guilty to two counts of rape and a charge of sexual assault
It is alleged that the pair consumed cocaine before preparing to go out to a friend’s house to watch the football.
Later that evening, the man and the alleged victim returned to his Melbourne home at about 9.30pm, the jury was told.
They allegedly used more cocaine before the accused said he was tired and wanted to go to bed.
The jury heard that the man got into bed while the woman followed him into his room and sat on a lounge chair in front of the bed.
The court was told the complainant became upset and confided in the accused about ‘difficulties’ she had experienced in a recent relationship.
The man then allegedly picked her up and pulled her onto his bed as she started crying.
He is accused of trying to kiss her, but she pushed him away. He then allegedly touched her breast, waist and buttocks, and attempted to put his hand between her legs.
The woman reportedly tried to push him off and told him to stop, the court heard.
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Top criminal barrister Dermot Dann KC is representing the man
‘I don’t want this,’ the woman allegedly told him.
Prosecutor Matt Fisher told the jury that the accused then said, ‘You are so sexy,’ and, ‘I can’t stop, I need your help to sleep, help me.’
The jury heard that the pair remained on the bed but separated, with the woman holding a pillow against her chest and quietly crying under the blanket.
It is alleged the man then pulled the blanket off her and penetrated her with his finger.
The court heard the woman ‘did not respond’ when she felt the man’s hand and closed her eyes.
She allegedly heard and felt the accused removing his pants, before feeling him penetrate her with his penis.
Prosecutor Fisher told the jury the woman alleged the accused penetrated her a second time in quick succession – forming the basis of the second rape charge.
The jury heard the woman then punched the man in the nose, prompting him to grab his face and say, ‘You’ve broken my nose.’
It’s alleged she jumped from the bed and yelled, ‘You’re a f***ing rapist.’
The accused allegedly responded, ‘I knew I shouldn’t have drunk,’ and said his ‘nose was f***ed’.
‘Why did I drink? Why did I do this?’ the man allegedly said, according to Mr Fisher.
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The well-known man allegedly raped the woman twice. (This is a stock image used to illustrate a court-ordered identity suppression and is not the silhouette of the accused)
‘Shut the f*** up. You’ve just done this to me. You’re a rapist,’ the woman allegedly replied.
The jury heard the man allegedly responded: ‘It’s not rape. I was using my fingers.’
‘That’s still rape, you can’t just do that also you didn’t just use your fingers, I felt you used your dick,’ the woman allegedly said.
The man then allegedly told the woman to order an Uber and leave his house.
The woman replied that she was ‘too exhausted’ to go and instead wanted to sleep in another room.
About half an hour later, the court heard, she found the accused lying in the spare room bed.
She allegedly told him she ‘wanted to fix this’.
‘She told him that she didn’t want to cause any problems or trouble and wanted to figure this out so they could just move on,’ the jury heard.
The woman claimed she saw the man in bed with the blanket pulled down and his pants off, and that he began masturbating.
It is alleged that he then asked her to ‘do it for him’.
The jury was told this request shocked the woman, who slammed the door and returned to the room where she had been sleeping.
While in the room, she typed out what had occurred and sent the notes to her mother.
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The trial is taking place at the Melbourne County Court
The court heard the woman told her mother that the man had raped her both digitally and with his penis.
Her mother called Triple-0, informed her daughter that police had been notified, and told her an officer would be in touch.
The woman spoke with police just before 4am on March 24, 2023, and provided the man’s address.
Police arrived at the house later that morning and spoke with the woman at the front door.
The jury heard the accused man was elsewhere in the house at the time.
Most of the 30-minute conversation was captured on body-worn camera before the woman was taken to a police station.
She was later examined by a forensic medical doctor.
The court heard the woman had met the accused in August 2022 and had briefly worked for him.
Jurors heard the man interviewed her for a job, then invited her to his home for celebratory drinks.
It’s alleged he sent an Uber to collect her, and when she arrived, he was there with a friend named ‘Alfredo’.
The three listened to music, but the jury heard allegations that the man and woman consumed cocaine and wine together.
It was also alleged the man made sexual advances towards the woman, which she had to fend off.
‘If I let you f*** me, you’ll never respect me as an employee,’ the woman allegedly told him.
She also claimed she stayed at the house that night and caught an Uber home the next day.
Fast-forward to March 2023: the woman and the man met up again after she had left his employment, the jury heard.
The court heard the woman saw the man’s company tagged in a Facebook group called Local Girls 21 Plus.
She allegedly noticed photographs and personal details in the group, so she emailed the man suggesting one of his staff remove all former employees from access to the company’s social media accounts.
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A jury of nine women and three men is hearing the case at the Melbourne County Court (above)
The court heard the man offered to pay the woman to remove the Facebook tag, saying he was ‘happy to do that’.
‘I miss you not being around,’ he allegedly told her.
The woman recalled having ‘very fond memories’ of working with the man, and a few days later, he allegedly offered her work on a new project.
‘I would love to work with you again,’ the man allegedly said.
It is then alleged the woman travelled by train to his home at about 3pm on March 23, where the pair drank wine hours before the alleged rapes.
In response, Dermot Dann KC, for the accused, said the defence disputed many of the allegations.
‘He is innocent. He’s done nothing wrong,’ Mr Dann said.
The barrister told the jury the evening with wine, cocaine and ‘Alfredo’ never happened, nor did the accused make any sexual advances.
Mr Dann said the defence case is that nothing the woman alleged took place in August 2022 occurred – because she was never at the man’s home.
He also rejected allegations of another evening in October or November, where the woman claimed she had to tell the man to ‘f*** off’ for touching the back of her leg.
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Seasoned County Court adjudicator Judge Frank Gucciardo is overseeing the high-profile trial
‘A number of events she will describe in her evidence, it never ever happened,’ Dann KC said.
Mr Dann said there was no dispute the woman went to the man’s home on March 23, but he claimed she was helping herself to alcohol.
The man denied ever using cocaine and Mr Dann told the jury if the woman used cocaine, it was not in his presence.
Mr Dann also said there was no dispute the man drove the woman to a friend’s house, but claimed it was the complainant who helped herself to wine while there.
The jury heard the woman placed her hand on the man’s upper thigh, but he was ‘observed to be showing absolutely no interest’.
The man was also said to be falling asleep and had to be roused by his friend so he could drive home.
The court heard the man urged the woman to go home and offered to call her an Uber, but “she seemed determined to stay,”‘ Mr Dann told the court.
The defence denies the man lifted the woman into his bed and ‘heavily disputes’ that any sexual assault, rape or masturbation occurred.
‘Never, ever happened. Not once. Never,’ Mr Dann said.
Mr Dann told the court the man also denies being hit in the face and said there was ‘no suggestion’ of any injury observed by police.
The defence did not dispute that the woman stayed at the house and made notes on her mobile phone, which she sent to her mother.
‘She wanted to note down everything that happened according to her,’ Mr Dann said.
The jury also heard there was no dispute the mother attempted to persuade her daughter to seek police assistance.
‘[The complainant] doesn’t want to do that, she wants to stay at the house and sends back messages – there’s no dispute about this, you’ll see the messages,’ Mr Dann said.
‘Talking about recompense, trying to resolve things, negotiate, so there is a dispute about what was running through her mind if she’s using terminology such as that.
‘There’s no dispute why she wants to stay in that man’s house and in his company.’
Mr Dann also told the jury the woman sent messages to her mother saying she ‘doesn’t trust police’ and that ‘police have hurt her more than [the accused man] has’.
‘No doubt there will be no dispute between the defence and the prosecution that this case depends on you, ladies and gentlemen,’ Mr Dann said.
‘This whole case rests on you accepting the complainant as a witness of truth and reliability. We say there are massive issues with her credibility…’
The trial before Judge Frank Gucciardo continues.
