Shane Anthony Gray walks free from court for dissuading a witness
A man has learnt his fate after telling the “vulnerable” woman accusing him of an alleyway rape to drop the charge.
Police & Courts
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A man has learnt his fate after telling the woman accusing him of an alleyway rape to drop the charge.
Shane Anthony Gray walked free from the District Court after a judge determined he had spent enough time in custody for the offending and after being acquitted of the rape.
A victim impact statement was read to the court last month.
The court heard Gray’s offending had caused the victim severe anxiety, particularly in relation to answering phone calls and going out in public.
“The constant fear of him being everywhere I turn … as a result I find myself isolating at home,” she said.
The court heard the victim’s quality of life had been affected and led to feelings of helplessness and depression.
During the trial, Mr Gray, 23, claimed the sexual intercourse with the alleged victim in the alleyway next to the Dog and Duck nightclub on Hindley St was consensual.
Prosecutors had argued that Gray met the alleged victim in the early hours of the morning at the Dog and Duck in the Adelaide CBD in April 2022.
The court heard Gray and the woman had consensual sex in the disabled toilet before they were evicted from the venue.
The jury heard Gray then took the woman around the corner of an alcove near the TAFE car park and had sex with her again, which the woman said she didn’t consent to.
In a video played to the court of Gray’s arrest shown by a body-worn camera, he told the officer the woman had agreed to have sex with him for money.
Gray then argued he had only had sex with the woman until she told him to stop.
The woman was at home a few days later when she received a call from a no caller ID number, with Gray telling her to drop the charges.
Mr Gray pleaded guilty to dissuading a witness.
The court heard he breached a good behaviour bond with the new offending after being sentenced in April 2021 for serious criminal trespass and theft.
Gray broke into a church and stole a number of guitars and other items, telling media outside court he was drunk and “didn’t remember anything” after being released on bail.
During sentencing, Judge Nick Alexandrides said he did not accept that the offence was at the lower end of the scale for seriousness.
“There was a sinister tone to your demands, reflected in the attempt to conceal your identity and the language you used to press your demand,” he said.
“The offence was committed in the context of an alleged serious sexual offence against a young vulnerable victim.”
Gray was sentenced to one year and five months jail, with a non-parole period of nine months.
“While you are entitled to proclaim your innocence and strenuously defend the charge, that does not excuse or mitigate an attempt to interfere with a witness,” Judge Alexandrides said.
Due to the nine months Gray had already spent in custody, the sentence was suspended on a $500, two-and-a-half year good behaviour bond.