He said she needed regular breaks and would repeatedly say out loud, “How can I not remember that” and “How can someone say I want that.”
Morris said it was open to the jury to conclude that the man spiked the woman’s orange juice when they went out to dinner that night because the woman said in her evidence she had a headache, felt light-headed and do not remember the alleged attack .
“You can’t get overwhelmed by saying, ‘This guy is pathetic, it’s disgusting, listen to him talk on and on.’ I suggest you come back with an acquittal.”
Defense attorney Chris Watson
Defense attorney Chris Watson told the jury the video was “abhorrent” and “in various ways confronting” but ultimately “entirely consensual”. He urged the jury to use a “rational, clinical mind” when viewing the footage.
“Sexual relationships between two consenting adults can often be, I use the word in quotes, ‘conservative’ … or they can be broad,” he said.
“Even the activities reflected in Exhibit A are aspects between two consensual adults in a private sexual sphere that is being recorded — and, unfortunately, comes out. And here we are in a process.”
Watson said there was an “unsubstantiated allegation” that his client “slipped”. [the complainant] a Mickey”, but there are “no indications at all”. He said the woman’s behavior could have been the result of a “big night”.
The lawyer said the woman did not go to the police, which is a “very important factor”. He raised the possibility that she agreed to participate in the prosecution because she was embarrassed and disgusted at agreeing to appear in the video.
“[She] could look back and be disgusted with what she did,” Watson said. “[She] could be quite happy to come up with a report that fits the prosecution’s case, instead of saying, ‘I took an active part’.”
Watson said the video was “cruel to watch”, including the “ongoing, pathetic process” of his client speaking to the complainant.
“You can’t get overwhelmed by saying, ‘This guy is pathetic, it’s disgusting, listen to him talk on and on,'” he said. “I suggest you come back with an acquittal.”
The jury is scheduled to begin its deliberations on Wednesday. The process goes on.
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https://www.smh.com.au/national/nsw/compelling-evidence-jury-urged-to-convict-over-vhs-tape-allegedly-depicting-rape-20230222-p5cmi3.html?ref=rss&utm_medium=rss&utm_source=rss_national_nsw Jury urges to convict man in alleged rape video