Thomas Esposito found not guilty of raping woman in Adelaide CBD hotel Atlantis Bar toilet

A man has walked free from court after being found not guilty of raping a friend in a CBD bar toilet. Read the judge’s reasons for her verdict.

A young man has been found not guilty of raping a friend in a bar toilet, with a judge saying in her verdict the woman’s initial lies about sexualised Snapchat messages between the two affected her credibility.

There were audible gasps in the packed courtroom on Wednesday as Thomas Esposito, 24, was found not guilty by Judge Joanne Tracey of raping a woman at Atlantis Bar in 2021.

During Mr Esposito’s trial in March, a prosecutor told the District Court Mr Esposito and the woman – who was known to him – went to the unisex toilets together.

The court heard Mr Esposito allegedly pushed the woman up against the wall in the corridor and tried to kiss her.

In its case during trial the prosecution then alleged he raped her in a toilet cubicle.

Thomas Esposito was found not guilty of rape. Photo: Facebook

Andrew Culshaw, for Mr Esposito, told the court his client was upfront with police in the interview and didn’t try to minimise the sexual activity or his alcohol consumption.

“He did not try to paint himself as an angel,” he said.

The court heard Mr Esposito and the alleged victim had previously had consensual sex.

Mr Culshaw said the woman lied during trial about sending sexual Snapchat messages to Mr Esposito prior to the alleged offending, which was a “hammer blow” to her credibility.

“She was determined to paint Mr Esposito as a sexual aggressor in respect of the Snapchat communications, in between the consensual sex and the alleged offending, as someone who was pursuing her for sex and that she was ignoring him,” he said.

“Then once she knew the game was up she finally made submissions.”

Mr Culshaw said the evidence pointed to consensual sexual activity and “certainly in Mr Esposito’s mind what happened was consensual”.

In her published reasons, Judge Tracey said while the woman gave a generally convincing account of what she alleged occurred at the bar, there were some “unsettling” aspects in her evidence.

“Of most significance to me was (the woman’s) inability, for whatever reason, to at least initially acknowledge that there had been communication between herself and the accused, which was of a sexually explicit nature where she was on occasion the instigator,” Judge Tracey said.

The media opening of Atlantis Lounge Bar, Waymouth St, Adelaide, 2016. Picture: Bianca De Marchi

“No doubt (the woman) was embarrassed and regrettably may have been concerned that such communications would portray her in a bad light and that her previous behaviour would be thought of as demonstrating that he had been a very willing participant in what occurred at the Atlantis bar.”

Judge Tracey said she found it difficult to accept the woman’s explanation that she had forgotten about the communications.

Judge Tracey said the woman’s immediate complaint and signs of obvious distress after the event were “compelling”.

However, she said concerns about the woman’s credibility and reliability in her evidence meant she couldn’t be satisfied beyond reasonable doubt that Mr Esposito raped her.

Similarly, Judge Tracey said she couldn’t be satisfied beyond reasonable doubt that Mr Esposito acted with reckless indifference.

“(The woman) had willingly walked hand-in-hand with the accused to the toilet and appeared to at least have tolerated him in the first toilet cubicle,” she said.

“These matters which occurred against a background of (the woman) previously seeking out the accused and communicating with him in the manner she had.”

Outside court, Mr Esposito did not comment on the verdict. He lit a cigarette and walked away with a large group of supporters.

Thomas Esposito leaving the District Court on Wednesday after a not-guilty verdict was returned. Photo: Supplied