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 Man accused of carpark rape 

Man accused of carpark rape

16/05/2008 1:51:00 AM
THE trial of a 28-year-old man accused of raping a woman in an undercover carpark in Camp St began in the County Court in Ballarat yesterday.

The court heard Michael Knight of Ballarat had been talking to the alleged victim at the taxi rank in Armstrong St before asking her if she wanted to go for a walk.

Crown Prosecutor David Cordy said the woman had "questioned this'' and became "a bit concerned'' but Knight grabbed her arm, before letting go and taking her hand.

He said earlier in the evening the pair had seen each other inside the George Hotel and were later observed kissing outside about 5am on the morning of April 1.

Mr Cordy said Knight had told police he and the woman had consensual sex.

He said Knight described himself as "being a bit tipsy'' and told police the alleged victim was "pissed''.

At the undercover car park, Knight touched the woman and grabbed her roughly, Mr Cordy said.

"The victim had at that point repeatedly told the accused man to stop what he was doing and that he was hurting her and he took no notice and continued,'' he said.

Mr Cordy said the victim had obeyed instructions from Knight because she was scared and was later observed by her friends to be distressed.

A forensic examination of the woman found she had an abrasion to her right arm, bruising to the thigh and also had lacerations.

Defence lawyer Anthony Lavery said the central issue was consent.

"What happened in that area happened with her consent,'' Mr Lavery said.

"The suggestion that she was so intoxicated or affected by substances that she was incapable of consent is a matter for you,'' he told the jury.

Knight is charged with six counts of rape and one count of indecent assault.

The trial was adjourned to this morning.

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