Charlie Tianma He and Tyler Phillip Sullivan face Brisbane District Court on rape charges
A woman who was allegedly raped by two men known to her after a night in the Fortitude Valley recounted the incident to police saying she “just lay there” and “didn’t do anything”.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
A jury has heard an alleged rape victim recount in tears how she “just lay there” and “didn’t do anything” after allegedly waking up naked to two men touching her without her consent.
Charlie Tianma He, 22 of Runcorn, and Tyler Phillip Sullivan, 21 of Drewvale, are both on trial in the Brisbane District Court this week accused of raping a woman known to them after a night out drinking in Fortitude Valley.
A jury was told on day one of their trial on Tuesday that the woman had accompanied the defendants back to Mr He’s unit on a night in July 2022, and engaged in consensual sex with another man.
After the other man left, it’s alleged the two defendants both engaged in sexual acts with the woman without her consent.
Both Mr He and Mr Sullivan pleaded not guilty on the basis that they had believed the woman to have been consenting.
The woman claimed to have woken up after they started kissing her, but both defendants maintained that they had talked to the woman prior to the incident and had believed she was awake, aware who they were, and consenting.
On the second afternoon of the trial, the jury watched a short recorded police interview with the woman, who appeared audibly and visually emotional as she recounted waking up to the two defendants “touching” her.
“One on this side, one on the other side,” she said, her voice shaking with tears.
The woman said she initially thought they had been the man who she had had consensual sex with earlier that night.
But she said when she realised it was Mr He and Mr Sullivan, she tried to push them away.
She said Mr He said “have fun you two” before leaving, and that Mr Sullivan started whispering sexual things to her and engaged in further acts with her.
“I just lay there, I didn’t even do anything,” she said.
The man she had had consensual sex with was also called to give evidence.
He told the court he had woken the woman before he left that night and that he explained to her he was leaving.
The jury was previously told during opening submissions that the woman had not recalled this interaction.
The man told the jury that the woman had been intoxicated and tired when they spoke, but that she must have been awake because she had responded to him.
An Instagram text conversation between the man and Mr Sullivan was tendered as evidence, in which the court heard the man had messaged Mr Sullivan to ask where he was and let him know he was leaving the unit.
It was after that conversation that Mr Sullivan and Mr He returned to the unit, and allegedly raped the woman.
Neither Mr Sullivan nor Mr He chose to give evidence or call any witnesses, following the conclusion of the Crown case.
Mr Sullivan has pleaded not guilty to two counts of rape and two counts of sexual assault – one with a circumstance of aggravation.
Mr He has pleaded not guilty to one count each of rape and sexual assault.
The trial will recommence on Thursday morning for closing submissions.
Father and son fight for life after horror crash
A father and his nine-year-old son have been hospitalised with critical head injuries after a car collided with them on e-bikes on Wednesday night.
Man who paraded victim with sex toy stuffed in mouth loses appeal
A man convicted of rape after forcing his partner into a number of degrading acts - including dragging her into the street with a sex toy shoved in her mouth while yelling that she was available for sex - has lost his fight against a parole decision.