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 Wendouree man accused of rape was drunk, court told 

Wendouree man accused of rape was drunk, court told

04 Sep, 2010 01:38 AM
A MAN accused of raping a woman after a night out at Ballarat told police he was drunk at the time, a court heard yesterday.

Bennet Crouch, in his record of interview, told police he had drunk up to 12 beers and several rum and cokes on the night of the alleged assault, the County Court at Ballarat heard.

During the interview, which was shown to the jury yesterday, Detective Senior Constable Barry Hills asked Crouch to rate his drunkenness on a scale of one to 10, with one being sober and 10 being so drunk you can't stand up.

Crouch replied he was a ''six or seven'' but said the alleged victim was not drunk.

''She seemed sober . . . I was a bit intoxicated,'' he admitted.

Crouch told police he had asked the woman during sex if she liked it and claimed she replied: ''yes, it feels really good''.

''I wouldn't call it rape considering she said she liked it,'' he said.

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 20-year-old woman on June 7, last year.

The men have pleaded not guilty to the charges.

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.

Police allege Charles Smith approached the woman at the bar, danced with her and bought her a drink.

The pair later returned to his home where they had consensual sex.

The woman has told police Crouch and Matthew Smith later joined them in the bedroom and had sex with her against her will.

Following Crouch's interview, the court was shown the first few minutes of Matthew Smith's police interview.

However due to poor sound quality, Judge Howard Mason stopped the video and requested a transcript be provided for the jurors.

The trial will resume on Monday.

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