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Ballarat rape trial: accused's interview shown

03 Sep, 2010 02:11 AM
ONE OF the three men accused of raping a woman after a night out at Ballarat told police the alleged victim was known to take part in group sex.

In a taped interview shown to the court by Ballarat Criminal Investigation Unit Detective Senior Constable Barry Hills, Charles Anthony Smith, said a friend had told him he'd had group sex with the woman.

Brothers Charles Smith, 21, of Ballarat North, and Matthew Benjamin Smith, 21, of Point Cook, and co-accused Bennet Crouch, 22, of Wendouree, have been charged with raping the woman, 20, in June last year.

The men have pleaded not guilty to the charge.

The trio met the woman at Side By Side bar before going back to Charles Smith's home where it is alleged the offences took place.

In the interview Charles Smith said he approached the woman at the bar, danced with her and bought her a drink.

He said after returning home he and the woman had consensual sex before Crouch entered the room. Charles Smith said he asked the woman if it was all right if Crouch joined in and she consented.

After Crouch had sex with the woman Matthew Smith came into the room.

Charles Smith said he believed his brother also had sex with the woman although he had left the room for a time. He said at no time during the incident did he recall the woman saying no or that she didn't want to continue.

"She didn't say to stop it to any of us," Charles Smith said.

"I don't know why she's come out and said all this stuff."

The court was told Charles Smith called a taxi to the house about 2am.

Taxi driver Patrick O'Keeffe remembers picking up the woman and three men at the address. He told the court a woman got into the car first and he started to back out.

Three males then came down the driveway yelling for him to stop which he did and they got in, he said.

He then dropped the men at a nightspot in Lydiard Street before taking the woman home.

"There was no animosity in the car at all," Mr O'Keeffe said.

Another witness, Bundoora student Andrew Flynn, said the alleged victim contacted him via MSN Messenger the morning after the alleged attack.

Mr Flynn said the woman asked to call him on the telephone and when she did, sounded upset and was hard to understand because of her accent. As a result, the pair resumed their chat online.

Asked by Crown prosecutor David Cordy if the woman had told him she had had a sexual encounter with a number of men against her wishes, Mr Flynn replied: "she did".

The trial continues in the County Court at Ballarat in front of Judge Howard Mason.

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