Trial begins for Robert Evans, nurse charged with rape and sexual assault

While his partner played piano in the next room, Highton nurse Robert Evans allegedly raped another man. His lawyer argued the sex was consensual.

Highton nurse Robert Evans, pictured leaving Geelong Law Courts, is standing trial in the County Court, charged with rape and sexual assault.

A Highton nurse is accused of raping and sexually assaulting a man who was passed out in his home.

Robert Evans, 56, appeared in the County Court at Geelong for trial before Judge Gerard Mullaly, charged with a single count each of rape and sexual assault.

The charges stem from a single incident in 2022.

Following their empanelment on Monday morning, the jury heard the opening addresses from the prosecution and defence counsel.

Crown prosecutor Andrew Moore laid out a “road map” for the jury, stating they would hear evidence from the several witnesses, including the complainant and his wife, as well as expert evidence from a toxicologist and the detective who led the investigation.

Mr Moore told the court the complainant and Mr Evans were known to each other, and had been drinking at Mr Evans’ home on the afternoon of the incident and listening to Mr Evans’ partner play piano.

By about 6pm, the complainant was “pretty affected” by alcohol, Mr Moore said, and at some stage during the evening, Mr Evans gave the complainant an opioid tablet as he had “some pain” in his ankle.

Mr Evans, who the court heard had been prescribed the painkiller for his arthritis, also took a tablet.

Some time later, the complainant “nodded off”, Mr Moore told the jury, only to wake up with Mr Evans allegedly performing oral sex on him.

Mr Moore told the jury the complainant quickly pushed Mr Evans away and pulled his pants up.

He was “in shock” and “disorientated” following the incident, Mr Moore said.

While the incident occurred, Mr Evans’ partner was still playing piano in another room, the court heard and did not witness what happened.

Returning home, Mr Moore told the jury the complainant did not tell his wife what happened straight away, just that Mr Evans had been “handsy”. His wife noted the complainant appeared “very stressed”, Mr Moore said.

In the following months, the jury heard the complainant had made some disclosures about the incident to friends and his employer before reporting the matter to police in November, 2022.

Mr Moore briefly took the jury through Mr Evans’ police interview, in which he denied raping and sexually assaulting the complainant.

In his interview, Mr Evans claimed the complainant had “been a bit suggestive” and “made a number of sexual-type overtures to him”, Mr Moore said.

The court heard Mr Evans told police he “shouldn’t have” mixed alcohol with the prescription medication, which he “wasn’t used to”.

Mr Moore told the jury the Crown “wholly rejects” Mr Evans’ version of events.

Mr Evans is represented by barristers Jonathan Barrera and Nicholas Papas KC.

In his opening address, Mr Papas told the jury: “this is not rape”.

“Mr Evans is not guilty: the interaction was consensual, Mr Evans reasonably believed (the complainant) consented, and (the complainant) was not so intoxicated that he couldn’t consent,” Mr Papas told the jury.

He said it’s not in dispute both men took the painkiller tablet, nor is it in dispute that Mr Evans’ performed oral sex on the complainant.

Mr Papas asked the jury to keep an open mind and consider inconsistencies in what the complainant told others about the incident – and whether his allegation developed over time – as well as the complainant’s behaviour “immediately after” the alleged rape.

The trial continues.

Originally published as Trial begins for Robert Evans, nurse charged with rape and sexual assault