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Matthew Goldman on trial for alleged rape of teenage girl

The Advertiser 2020-07-22 14:34:00

A teenage girl made clear she wasn’t consenting when she was allegedly raped on two occasions in 2018, a jury has heard on the first day of a young man’s rape and assault trial.

Matthew Emmanuel Goldman, 20, is on trial in the NSW District Court charged with two counts of rape and three of assault, including one indecent assault, over three separate incidents in 2018.

When the two alleged rapes occurred, Mr Goldman was 18 and the complainant 17. The complainant, who cannot be named, reported the allegations to police in 2019.

The trial before District Court Judge Penny Hock began on Wednesday afternoon when prosecutor Georgia Turner outlined the Crown case to the jury.

The incidents include allegations Mr Goldman non-consensually choked her during sex and raped her on two occasions.

Consent will be the main issue in the case. The complainant’s words and actions made it clear that she did not want to have sex on either occasion, Ms Turner said.

On the first occasion, Ms Turner said, the complainant had answered “no” when Mr Goldman said words to the effect of “Do you want to f**k?” but he continued regardless.

In the car, the Crown alleges the complainant was “distressed and crying” when Mr Goldman tried to kiss her and asked if they could have oral sex. When she said no, he allegedly indecently assaulted and then raped her.

Ms Turner added that there were three ways in which Mr Goldman could have known the complainant did not consent: one, that Mr Goldman knew she wasn’t consenting; two, that he was reckless as to whether she was consenting; and three, that he had no reasonable grounds to believe she was.

“The Crown says, he knew,” Ms Turner said.

Mr Goldman’s barrister Anthony Bellanto QC said Mr Goldman denied any sexual misconduct towards, or mistreatment of, the complainant.

There is no dispute the pair had sex on the occasions of the two alleged rapes, Mr Bellanto said, but Mr Goldman maintained the complainant was, in fact, consenting. The choking, too, was consensual, he said.

The jury would hear evidence from several other witnesses, the court heard.

The trial continues.

Originally published as Consent issue in teen rape trial