The now 21-year-old yesterday testified in the Warwick District Court he
The now 21-year-old yesterday testified in the Warwick District Court he "couldn't really remember what happened”. SCOTT POWICK

Man denies raping teenager while she slept

A FORMER Scots PGC student has taken the witness box in his own trial to deny accusations he raped a sleeping teenager at a party.

Jackson Peter Fairbairn is accused of violating the 17-year-old young woman at a birthday celebration on a property just outside Warwick in 2015 when he was aged 19. He has pleaded not guilty to the charge.

The now 21-year-old yesterday testified in the Warwick District Court he "couldn't really remember what happened".

On the fourth day of his trial, Mr Fairbairn, who now lives at Alice Creek, told the court he knew the alleged victim from school and they were drinking together at the party.

Crown prosecutor Nicholas McGhee said it was the Crown's case the young victim was sleeping in Mr Fairbairn's swag and woke to him pinning her down by her neck and raping her.

Earlier this week, Mr McGhee told the jury the girl had forgotten to take her swag to the party, and Mr Fairbairn offered her his, allegedly telling her he would sleep in his ute.

In his opening statements, defence barrister Scott Lynch said witnesses would confirm they saw the two "cuddling" in the swag.

Mr Fairbairn, who was supported in court by family members, said he and the alleged victim spent most of the party together and he "assumed they had sex", but he could not remember.

He said the next morning he woke wearing "his jocks and no shirt" with the woman lying next to him. He said he then left the swag to vomit and returned to find the alleged victim gone.

The pair later exchanged texts, in which the Crown claims Mr Fairbairn apologised to his alleged victim after she confronted him over the alleged assault.

During his testimony, Mr Fairbairn said the victim texted him while he was still at the property about "what happened" earlier.

He said he replied with an apologetic message saying, "I honestly don't remember what happened... I would never do that intentionally... I hope you forgive me."

"I assumed we had sexual intercourse together," he said in court yesterday.

Despite the texts, the 21-year-old yesterday said he didn't know what he was apologising for at the time, as he was "extremely hungover and wasn't thinking". The eight-man, four-woman jury were also shown sexualised text exchanges between the two from 10 months before the alleged rape incident.

The texts allegedly included Mr Fairbairn asking for and receiving explicit photos from the young woman, and sexual banter between the two.

The trial continues.



Unqualified teachers forced to teach key subjects

premium_icon Unqualified teachers forced to teach key subjects

Serious shortage of qualified teachers worsens.

LETTER: Why limit cashless card to under-35s?

LETTER: Why limit cashless card to under-35s?

Send letters to editorial@news-mail.com.au

Is Keith Pitt set to walk on NEG?

premium_icon Is Keith Pitt set to walk on NEG?

Mr Pitt said he won't comment on 'anonymous sources in a newspaper'

Local Partners