Brent David Tomkins found not guilty of rape in Warwick District Court

A groomsman accused of raping a woman he met the night of a wedding in southern Queensland has been found not guilty be a jury.

Brent David Tomkins outside Warwick District Court. October 28, 2024.

A groomsman at a southern Queensland wedding accused of raping another guest who was asleep at the time has been found not guilty following a short trial

Brent David Tomkins was accused of raping a young woman in her 20s on the night of a wedding.

He pleaded not guilty in Warwick District Court on October 28, 2024 to one charge of rape.

After short deliberation, Mr Tomkins was found not guilty of the offence by a jury of eight women and four men.

The Crown alleged Mr Tomkins was a groomsman at a wedding near Inglewood on April 9, 2022 and raped the woman who he did not know before the day of the wedding.

Brent David Tomkins outside Warwick District Court. He was found not guilty of one charge of rape. October 28, 2024.

Monday’s opening defence by barrister Daniel Boddice said there was “no dispute” sex had occurred between Mr Tomkins and the woman.

“The issue for your determination over the next few days is if that act was consensual, the Crown must satisfy you beyond a reasonable doubt of the act alleged,” Mr Boddice said to the jury.

“I ask you keep an open mind through this trial and consider the evidence and witnesses.”

On Tuesday, Mr Tomkins gave evidence and presented his account of the alleged offending. He denied the rape and says the sexual contact was consensual.

The groomsman said he did not initially interact with the woman during the day of the wedding, but had small talk with her and some of the other groomsmen.

Mr Tomkins said it was at the reception they became “a bit flirty, talking and having a laugh” before the pair had a short kiss. He denied that she said stop or pushed him away.

“We danced through the night quite a bit,” he said.

“I thought there was something there.

“At the end of the night I decided to go over to her campsite and I asked ‘are you awake?’.

Mr Tomkins said he sat beside her swag, began chatting and he eventually asked for a kiss.

“Her hand has come onto my leg and my body, and I began touching her.”

The two then had sex - which Mr Tomkins said was consensual - with Mr Tomkins telling the court the woman did not say “no” or “stop” when the sexual conduct began.

After the sexual encounter, Mr Tomkins said he wasn’t sure if he had ejaculated to which he said the woman got “cranky” and told him “I told you not to do that”.

The woman went to the bathroom after they had sex and failed to return, going to another camp instead and was “seeming cranky”.

When Mr Tomkins tried to talk to the woman, she pushed him away and hit him.

“She punched me once in the mouth,” he told the court.

Early in the morning on the following day, Mr Tomkins left camp early and slept in his car to sober up, after he spoke to another person who asked if he had raped the woman.

“It hit me like a ton of bricks,” he said.

“It’s a big thing to be accused of and I didn’t want to deal with it.”