Consent at heart of accused’s rape trial

SEXUAL consent, evidence consistency and credibility were argued in closing statements during the trial of a man facing three counts of rape.

Samoan-born Taimane Sega, 32, appeared in Cairns District Court on Monday after pleading not guilty to the charges.

The court previously heard the alleged offences happened in Tully in the early hours of January 12 last year after the woman left a nightclub and became separated from her boyfriend and friends.

Mr Sega, who lived at Tully at the time, offered to walk the woman to her boyfriend’s unit before the alleged offending. Both had been drinking. In her closing statement on Monday, Crown Prosecutor Nicole Friedewald said the complainant had “pleaded with him to stop” but Mr Sega “took advantage” of her.

The court heard witnesses saw Mr Sega and the complainant holding hands and kissing. However, Ms Friedewald said it did not mean consent.

“One thing does not lead to another,” she said.

The prosecutor said that in Mr Sega’s police interview, which was played to the jury last week, he portrayed the complainant as a “forward” and “sexualised woman”.

Defence barrister James Benjamin said the complainant had an “attack of regret” after the incident.

Mr Benjamin also said there were numerous inconsistencies between her version of events and other evidence, including three witnesses.

He said her evidence about having a boyfriend was “confusing at best” because the man identified as her boyfriend denied being so during the trial.

Mr Benjamin urged the jury to “give very careful consideration” to the complainant’s motive to lie once she realised there were witnesses.

Judge Tracy Fantin is set to deliver her summary before the jury retires on Tuesday.