NIGHTMARE
This Gold Coast husband is facing trial for the alleged rape of a family friend. She has accused him of attacking her while she slept following a party at his home. He claims it was consensual.
A WOMAN was hysterical and screaming after she woke to find a friend sexually assaulting her, the Southport District Court was told yesterday.
Gold Coast man Justin Nisbett has pleaded not guilty to one count each of rape and sexual assault in relation to the alleged attack in 2017.
“She was screaming hysterically,” the woman’s husband said about a phone call he received minutes after the alleged rape.
The woman claims she had fallen asleep at a party at Nisbett’s Oxenford home. Nisbett claims the sex acts were consensual.
A WOMAN was hysterical and screaming after she woke to find a friend performing oral sex, the Southport District Court was told yesterday.
Gold Coast man Justin Nisbett has pleaded not guilty to one count each of rape and sexual assault in relation to the alleged attack in 2017.
“She was screaming hysterically,” the woman’s husband said about a phone call he received minutes after the alleged rape.
“She was screaming ‘Justin had sex with me. Justin had sex with me’.”
The jury of eight women and four men was told the alleged victim woke after a party to find Nisbett between her legs performing oral sex.
She claims she had fallen asleep at a party at Nisbett’s Oxenford home.
Nisbett claims the sex acts were consensual.
The woman had been friends with Nisbett and his wife Amy for years.
It is alleged she pushed him off, before dressing, demanding her keys and fleeing from the home to sit in her car.
The woman’s husband said when he got the call he did everything he could to calm her down, but he could barely understand his wife as she was hysterical.
“I thought she actually killed someone,” he said.
The husband said he calmed her down but was unable to pick her up as he was looking after their children.
“She had the car so I couldn’t go there or do anything,” he said.
“I felt quite hopeless.” He told her to call her brother who took the woman to the Coomera Police Station.
Two mutual friends of both Nisbett and the woman gave evidence yesterday saying they had seen both drinking during the night.
The court heard the woman had drunk a six pack of rum and cola and most of a bottle of rum. Both described Nisbett as significantly drunk at the party and he was stumbling and slurring.
The man said the group had all been friends for a long time until last year.
Crown prosecutor Michael Mitchell said in his opening address that the woman did not have any recollection of falling asleep at the party.
“Her next recollection is that she was having a dream of a sexual nature,” Mr Mitchell said.
“She dreamt a male person was on top of her having sex with her. She woke up and realised it wasn’t her husband and she realised she saw Nisbett between her legs having oral sex with her.”
The court was told Nisbett jumped up and ran off without saying anything.
Mr Mitchell said the woman had been wearing black tights, black underwear and denim shorts but woke to wearing nothing on her lower half. He said she realised she was in a games room, quickly dressed and went to find her keys which were in Nisbett’s bedroom.
Earlier in the night, the woman had asked Nisbett’s wife to take her keys to stop her from driving. As she tried to leave, she claims Nisbett filmed her asking for her phone and keys. The woman then phoned her husband and brother.
Mr Mitchell said during a police interview nine days later, Nisbett said he had acted with consent.
“He indicates some details of the sexual acts that he says occurred between him and (the woman) and that those acts were consensual,” he said.
Mr Mitchell told the jury they would need to consider if Nisbett’s acts were consensual and if the woman was too groggy or drunk to give consent.
He told the jury that during the trial they would also hear from people at the party and police officers.
The trial continues today.