Jury clears man accused of raping his guest

A CAIRNS jury has taken about two hours to clear a Craiglie man on trial for rape and sexual assault.

Daniel Charles Callaghan was accused of sexually assaulting a woman while she slept in his spare bedroom and then raping her while she fought him off.

He was found not guilty of both charges.

The verdict follows a twoday trial in Cairns District Court that saw Mr Callaghan take the stand for his own defence.

Before releasing the jury to their deliberations, Judge Tracy Fantin said they had to decide if the alleged assault was indecent, whether the act was consensual and if she was awake.

“If you are not satisfied beyond a reasonable doubt then you must acquit,” Judge Fantin said.

She said the jury also had to decide if Mr Callaghan had carnal knowledge of the woman without her consent.

“The defendant’s evidence is that sexual activity did occur but with consent,” Judge Fantin said.

The court heard this week that the complainant and a friend accepted an offer of a spare room by the accused and his housemate after they attended the Port Douglas Carnivale.

It is alleged the complainant slept fully clothed in the spare room but was woken when Mr Callaghan performed a sex act.

He allegedly penetrated her while she struggled to stop him.

“She said he kept saying “it’s OK, it’s OK,” the judge said.

In his defence Mr Callaghan said the woman had consented.

“He thought she wanted to have sex with him; he said he wanted to hook up with her,” Judge Fantin said.

“He said at all times he thought she was consenting.”

Mr Callaghan told the court he went into the spare room and woke the woman with the offer of a pedestal fan because the unit was hot.

“The unit was hot … some of the airconditioning wasn’t working,” he said.

He sat down on the bed and chatted with her before asking if he could lie down.

HE SAID AT ALL TIMES HE THOUGHT SHE WAS CONSENTING JUDGE TRACY FANTIN