Prosecutor says rape victim 'could have done better' if inventing claims
In a Melbourne court, a prosecutor argued that inconsistencies in a rape complainant's testimony actually support her credibility, as a fabricated story would have been more consistent.
A Melbourne court has heard that a woman who accused a well-connected man of rape “could have done a much better job” if she were inventing the story for money. The man, who cannot be named, faces two counts of rape and one count of sexual assault and has pleaded not guilty in Victoria’s county court.
The alleged offences occurred in March 2023 after the woman – a former personal assistant for the accused – said she spent an evening drinking and taking cocaine with him while listening to music and watching football. Prosecution alleges the woman was at the man’s house when he tried to kiss her and sexually assaulted her, then raped her twice.
The accused did not give evidence during the trial, and the alleged victim gave evidence before a closed court. The man’s lawyer, Dermot Dann KC, has told the court the alleged offending never occurred.
In his final address to the jury, prosecutor Matthew Fisher said the case came down to six key aspects, including the complainant’s evidence; what happened immediately after the alleged incident (including that she was at the accused’s house when police arrived and was captured speaking to them on a body-worn camera); and her alleged motive to lie. Fisher said trauma did “strange things” to memory and accounts of sexual assault often differed, but the complainant had not wavered in her description to her mother, police and a doctor in the 24 hours after the alleged incident.
He conceded there were gaps, differences and inconsistencies in her evidence after hours of cross-examination, but said she remained adamant. “If she really wanted to make all this up … she could have done a better job. Could have done a lot better,” Fisher said. “She would have been clear and consistent, from start to finish, if this was … part of this masterplan to get the accused in trouble, or get some money from him. The existence of some gaps or inconsistencies … enhances her credibility.”
The court also heard about the complainant’s previous experience with police. In a 2022 complaint, she alleged a police officer told her “I love getting little sluts like you off the road” during a drink-driving stop in 2019. On Tuesday, both officers denied making the comment. The complainant cited this experience as a reason she did not want to report the rape, despite her mother’s urgings. Fisher criticised the evidence of senior officer David Barlow, saying he was “loose” and “untrue”, and that the jury could find he had made the comment. Dann described the police allegation as false.
The trial continues.
