3rd August 2022, 17:17
The jury in a trial of a man charged with two counts of rape has heard from the final witness before the defence and prosecution made their closing statements on Wednesday.
The complainant has alleged that she was sexually assaulted by Dailan Mor on the 20th of July 2019.
Both parties focused on the matter of the complainant having consented or not, and on whether the defendant had reasonable cause to believe if she had.
A person can change their mind at any time - Submission is not consent. These were just two statements put to the jury by the prosecutor when describing the complainant's actions. Christian Rocca told the jury that even if the young woman held hands, kissed or danced with the defendant, none of that constituted consent. Mr Rocca explained how a person freezing is not an uncommon reaction when someone is raped, describing how the complainant had closed her eyes and that Mr Mor would have been close enough to have seen her face, her tears and her eyes shut.
As for the defence, Suresh Mahtani told the jury that to find the defendant guilty, they had to be sure the intentional penetration was not consented and that Mr Mor did not reasonably believe that the complainant had consented. He added that if Mr Mor genuinely didn't know, then he is innocent. On the subject of consent, the defence reminded the jury that during oral sex, Mr Mor stopped after the complainant told him several times she wanted to go home, proving that the complainant was capable of communicating.
The Jury was released and matters were adjourned till Thursday when Puisne Judge, Karen Rammagge Prescott will sum up the trial before releasing the jury to consider a verdict