Rape trial accused gives his account

A CRAIGLIE man on trial for allegedly sexually assaulting a woman while she slept in his apartment told a court he woke her to check if she was hot.

Daniel Charles Callaghan is on trial at Cairns District Court for rape and sexual assault.

It is alleged he sexually assaulted a woman while she slept and raped her as she struggled to stop him last May.

He allegedly undressed her while she slept.

Mr Callaghan yesterday told the court he went to her room to check if she was too hot.

“I woke up – it was hot, that unit gets the sunlight all day; some of the airconditioning wasn’t working,” he said.

The court heard he brought her a fan to cool off.

Mr Callaghan said the complainant let him lie down where they began to kiss and perform a sex act. He said they began to have “consensual sex” before she stopped him.

“She said ‘you can’t do that, that’s rape’,” Mr Callaghan said. “I said ‘get f**cked, what do you mean,’ – I think any one else would do that.”

Prosecutor Gemma Meoli suggested his accuser had not wanted the amorous attention of Mr Callaghan.

“She gave you no signals that she was interested in you that night,” Ms Meoli said.

The court heard Mr Callaghan returned to bed where he was sleeping with the complainant’s friend, after his accuser left the unit. The complainant and her friend met two men, including the defendant, at the Carnivale festival.

They stayed the night at the men’s Craiglie unit after they were offered the spare room, where the alleged assault took place. The trial continues.