Man acquitted of 3 rape charges
A MAN was acquitted of three rape charges after a jury found him not guilty in Bundaberg District Court yesterday.
The man pleaded not guilty to three counts of rape and one of entering a dwelling with intent to commit an indictable offence.
The court heard the man's ex-girlfriend alleged he had let himself into her house on February 18, 2008.
The woman alleged the defendant forced her to perform oral sex on him before penetrating her with his fingers.
However the man, who was in a relationship with another woman at the time of the alleged offences, said the pair had begun “getting passionate” before he came to his senses and decided to leave.
The defendant, who took to the witness stand, told the court the woman invited him to have intercourse with her while they were “kissing and fondling” each other.
“I didn't like the way she said it and I had a flood of guilt,” he said.
“I said you've been with 11 guys and your not the person I fell in love with.”
The man said he then left the woman's home.
Evidence in the case included phone records which showed a telephone call had been made from the woman's home to the defendant's mobile prior to the incident.
However when cross examined, she said she could not recall phoning the defendant who said the call was made to invite him over.
The woman also alleged the defendant had been driving past her home on several occasions, but the dates she offered to the court were times when the defendant was in Airlie Beach.
Crown prosecutor Greg Cummings submitted to the court the woman may have had the dates wrong.
Defence Barrister Peter Richards told the jury “mistakes are not good enough, she swore on oath”.
“You might think my client insulted her, demeaned her and spoke down to her but that's not what he's on trial for,” Mr Richards said.
“This is not a court of morals.”
The jury reached a not-guilty verdict after asking for the evidence provided by the complainant detailing the incident to be repeated for clarification.