Jury did not reach verdict to determine if Kristopher John Shaw, 33, is guilty of Byron Shire rape

An alleged rapist from Victoria who denied preying on a woman during a “magic mushie” trip involving a pet goat near Byron Bay continues to walk free after a jury were unable to reach a verdict.

Alleged rapist Kristopher John Shaw will remain on bail. Picture: File

An alleged rapist from Victoria who denied preying on a woman during a “magic mushie” trip near Byron Bay will continue to walk the streets after a jury were unable to reach a verdict this week.

Kristopher John Shaw from the Macedon Ranges is on trial in Lismore District Court. The 33-year-old has pleaded not guilty to sexual intercourse without consent.

On Thursday, the jury – consisting of six women and six men – were unable to reach a verdict determining whether Shaw is guilty of the alleged rape.

Shaw previously took to the stand and denied he anally raped the woman while they were “tripping” on the psychedelic drug on December 5, 2021.

On the evening the alleged rape occurred, Shaw and the woman played with his pet goat ‘Little Stefan’ and watched cartoons, the trial previously heard.

The case has been adjourned to December 11 for the Office of The Director of Public Prosecutions (ODPP) to decide what will happen with the criminal charge.

The outside of Lismore Court House. Picture: Cath Plitz

Alleged rape victim ‘had no faith’ in police: court

Wednesday, November 13: A jury has been deciding if an alleged rapist is guilty after he denied preying on a woman following a Byron Shire pub visit involving “magic mushroom” tea.

Kristopher John Shaw from the Macedon Ranges in Victoria is on trial in Lismore District Court. The 33-year-old has pleaded not guilty to sexual intercourse without consent.

Shaw took to the stand and denied he anally raped the woman while they were “tripping” on the psychedelic drug on December 5, 2021.

Crown prosecutor Kate Biffin told the jury the alleged victim was “direct” and “honest” when she gave evidence.

The complainant said she and the accused had casual sex on and off from January to September in 2021. Shaw told the court he only had sex with the alleged victim twice.

Ms Biffin said the woman was “frank” and “visibly” distressed when she told the court about the alleged rape.
The woman said she “became afraid” when she felt “sharp pain” during the disputed incident.

Ms Biffin told the jury Shaw cried after the alleged rape, which was consistent with how someone would respond if they knew they had done the wrong thing.

Kristopher John Shaw, 33, walks from Lismore Courthouse with a supporter.

The alleged victim told the court she felt sore and noticed blood in the toilet bowl after the alleged rape.

Ms Biffin said the woman reported allegations to police about six months later because she “was disillusioned” by the system due to a similar incident previously.

“She had no faith and thought nothing would happen, even if she did have evidence,” the prosecutor said.

Defence barrister Megan Cusack argued the rape could not have happened because the women did not return to Shaw’s house later in the night.

Ms Cusack said before Shaw believed there was “nothing untoward between the two of them” and he thought they were still “good friends” before police approached him.

She told the court Shaw told police they slept together twice and it would be “unusual for a man to downplay his sexual activity”.

Ms Cusack argued “there were serious issues with the complainant’s account”.

The alleged rape victim felt ”disillusioned” by the system.

She said the woman was interested in Shaw and felt hurt when he did not return those feelings.

Ms Cusack told the court the complainant initially told police she “felt dark energy” on the night and left that out of her evidence in court because she realised it could make her seem “unhinged”.

The defence lawyer also told the jury the woman agreed to provide a one hour professional massage at her home to Shaw after the alleged offending, but he ended up cancelling.

Ms Biffin argued the alleged victim accepted the appointment because she had been seeing Shaw as a trained professional, but was “relieved” when he cancelled.

Judge Jonathan Priestley sent the jury off to make a decision on Monday. They had not made a decision by 10.30am on Wednesday morning.

The trial continues.