Closing arguments heard in trial of Robert Evans, on trial for rape, sexual assault

A lawyer for a nurse accused of rape has suggested the alleged victim cried rape to cover up a consensual encounter, it has been revealed.

Robert Evans arrives at Geelong court.

A lawyer for an accused rapist has suggested the alleged victim cried rape to cover up a consensual encounter, while the prosecution dismissed the defence’s arguments as “desperate”.

Robert Evans, 56, appeared in the County Court at Geelong this week for trial, charged with raping and sexually assaulting a man in 2022.

The nurse’s trial began on Monday, and on Thursday the jury heard the closing arguments from the prosecution and defence.

Crown prosecutor Andrew Moore told the jury the victim was a “proud family man” who suffered a “devastating experience” at the hands of Mr Evans.

The court heard the alleged rape took place after the complainant had dozed off, and he woke with his penis in Mr Evans’ mouth.

There is no dispute that Mr Evans and the victim had a sexual encounter; what is in dispute is the nature of that encounter.

The prosecution asserted Mr Evans “invaded the body of a man who was effectively rendered helpless”, while his version of events depicts the complainant as being a willing participant.

The alleged rape took place after both men consumed alcohol and, at different times, an opiod, the court heard.

Afterwards, the complainant was “wracked with emotions” including shame, embarrassment and shock, Mr Moore said.

He “wrestled with these emotions”, Mr Moore said, but “gradually found the strength” to come forward.

Mr Moore dismissed the defence’s case as “desperate” and “scraping the bottom of the barrel”.

He said Mr Evans’ police interview was “absolute rubbish”, nothing but a “glib, smug, self-satisfied performance” featuring some “extremely puzzling statements”, including describing feeling like everything was in “slow motion” due to mix of alcohol and his medication.

In his interview, Mr Evans told police the complainant made overtures prior to the incident, including brushing Mr Evan’s leg.

During the oral sex, Mr Evans said the complainant pushed his head down and winked and smiled at him.

Mr Evans, whose partner was in the next room playing piano, said he stopped the brief encounter as he felt guilty about how it would impact both men’s relationships.

Mr Moore said Mr Evans was “cool as a cucumber” during the interview, told a story that was “rehearsed” and “had all the hallmarks of a carefully crafted narrative by a man who would have suspected that his Day of Reckoning might sometime come”.

In the defence’s closing remarks, barrister Jonathon Barrera told the jury the evidence “simply does not get the prosecution all the way to beyond reasonable doubt”.

He argued that Mr Evans reasonably believed the complainant to have consented and that the complainant was not so intoxicated to have been incapable of consenting.

The prosecution case, Mr Barrera said, relied on asking the jury to “cherry pick” pieces of evidence and ignore others, such as inconsistencies in the complainant’s account that “developed over time”, as well as the testimony of Mr Evans’ partner.

Mr Barrera noted the complainant continued to interact with Mr Evans following the alleged rape, displaying “bizarre and odd behaviour” that was “inconsistent” with his allegations.

Mr Barrera told the jury these factors must cause them to doubt, and said that the alleged victim may have been “covering up the guilt or shame” he felt as a married, family man over the encounter.

Judge Gerard Mullaly began giving directions to the jury on Thursday afternoon.

The trial continues.

Originally published as Closing arguments heard in trial of Robert Evans, on trial for rape, sexual assault