Woman inflated fight into rape complaint, court hears
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The defence barrister of a man accused of hitting, raping and stomping on a woman has claimed the alleged victim inflated an assault into a rape.Joel Nathan Fitzpatrick Burtt, 22, is alleged to have violently raped a woman at Sydney's luxury The Star casino and hotel following a harbour cruise, with witnesses reporting having heard the pair arguing from next door.
The Suffolk Park man pleaded not guilty to 11 charges including aggravated sexual assault, sex without consent and choking without consent.
Appearing in Sydney's Downing District Court on Thursday, Fitzpatrick Burtt's defence barrister Peter Skinner told a jury the evidence from the night of the cruise did not line up with the woman's version of events.
He said footage before the alleged incident on October 29, 2022 showed the pair appearing happy in each other's company, before going back to the Star hotel room together.
It was there that Mr Skinner alleges the pair had consensual sex, albeit "bad sex", before the accused brought up something from the cruise which turned into a heated argument.
The defence case is that the woman then assaulted the man before he punched her four times, knocking her into a wall where she sustained abrasions on her back.
Mr Skinner argued the abrasions are some of the only credible evidence from the allegations and other claims aren't supported by the evidence.
Video evidence from after the incident shows the woman exiting the room being comforted by another woman.
The defence argues the complainant looks calm and unhurried in the footage as she looks in the hallway mirror and doesn't seek help from another hotel guest passing by.
The crown case alleges the complainant was raped in the hotel after saying she didn't want to have sex before being stomped on, kicked and punched multiple times.
Prosecution lawyers say accounts from witnesses next door align with their case, as does video evidence showing the accused presenting an aggressive demeanour.
They also argued that medical assessments later that night showed bruising and ติดต่อเรา reports detailed soft tissue pain.
The defence said these findings do not provide evidence that the accused raped the complainant and DNA tests conducted on the night also support that.
The jury will begin verdict deliberations from Friday.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
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