Accused denies rape of teen

Trial before Toowoomba District Court rests on issue of consent, barrister claims

THE issue of consent was at the centre of a rape trial being heard before Toowoomba District Court.

Defence barrister Kevin Kelso told the jury of seven women and five men that it was conceded his client, a 20-year-old Toowoomba man, had had sex with the 18-year-old complainant woman but the focus of the trial would centre on that of consent.

Opening the case against the defendant, Crown prosecutor Elizabeth Kelso (who is not related to defence counsel Kevin Kelso) told the court the defendant and the complainant had been among a group of five people who went camping at Yandilla near Millmerran on the night of Friday, June 10, last year.

The group set up camp near Yarramalong Weir but during the night when the complainant wanted to use the public toilet facilities, the defendant had volunteered to drive her up the track to the toilet block, she said.

The Crown case was that when the girl returned to the car, the pair had kissed but when he pushed her into the car she had said “no”.

The teenager claimed despite her protests and struggling, the accused man had pulled down her pants and raped her.

He had driven the pair back to camp and they had shared his tent in which they slept that night.

A witness who was also at the camp site told the court she had seen the defendant and complainant cuddling near the fire earlier that night.

And, in the morning, she had noticed the complainant had “hickies” (love bites) on her neck and when she brought to that to the teenager’s attention, she had pulled up her jumper to cover the marks, she said.

The witness said the complainant had become agitated after speaking with her mother on the phone and had asked for a lift back to Toowoomba.

Ms Kelso said it was upon arriving home that morning, the teenager told her mother about the incident and they had gone to police.

The accused man has pleaded not guilty to two counts of rape.

The trial before Judge Tony Rafter SC continues today.