Kristopher John Shaw denies raping woman as retrial begins

A man claims he was “great mates” with a woman he had a casual sexual relationship with on the NSW North Coast as he fights allegations he raped her after they consumed magic mushrooms.

A Victorian man who claims he had a casual sexual relationship with a North Coast woman is fighting rape allegations.

A Victorian man has returned to court following a hung jury on the allegation he had sex with a woman without her consent after consuming magic mushrooms at a North Coast pub.

Kristopher John Shaw, 34, appeared before Judge Jonathan Priestley in Lismore District Court on Monday.

His retrial is expected to last five days with a new jury empanelled.

Shaw has pleaded not guilty to sexual intercourse without consent.

During the Crown’s opening submissions on Monday, the court heard Shaw met and befriended the woman at a coffee cart before a casual sexual relationship developed.

Kristopher John Shaw, 34, from Victoria, faces a retrial at Lismore District Court for allegedly raping a woman.

In December 2021, the woman attended the Billinudgel Pub, shared drinks with Shaw and, before leaving, they consumed psilocybin (magic mushrooms), according to the Crown.

The woman alleges Shaw invited her to his South Golden Beach home “for a cuddle” and when they got to the house the psilocybin had kicked in and she was giggling but said he was agitated.

Shaw has pleaded not guilty to sexual intercourse without consent.

She said Shaw wanted to have sex but she said no because she had her period however performed oral sex on Shaw instead, according to the Crown.

In her car, the pair drove back to the hotel, which was closed, but after they knocked on the door the manager let them in.

The couple soon returned to Shaw’s house where the woman said she wanted to lay down for a while before going home.

The court heard she was in a singlet and underpants on the bed while Shaw lay next to her naked.

The pair took magic mushrooms and it’s alleged Shaw raped the woman. Picture: File

The woman alleges Shaw pressed his penis into her back and asked for anal sex – she told him ‘no’.

She alleges he pulled down her underpants and anally raped her.

The court heard she elbowed him screaming “what the f--k Kris” and got up.

She alleges Shaw started crying and apologising before he passed out on the bed and she left.

The next day she was sore and bleeding from her anus, according to the Crown.

The alleged victim later spoke about the incident to two women and made a police report at Tweed Heads Police Station on June 6, 2022.

The Crown said police took screenshots of messages between the pair which must be considered in context prior to and after the allegation.

A retrial of a Victorian man accused of rape has begun in Lismore.

The court heard Shaw told police he knew the complainant and had previous sexual contact with her.

He said he had sex with the complainant over the 2020-2021 new year and then a couple of months later she performed oral sex on him after a massage at his house.

Shaw also told police she came to his house on that evening in December but it was only once and denied any sexual contact occurred.

He said they went back to the pub in two cars then went their separate ways, according to the Crown.

Shaw’s defence barrister Megan Cusack said the issue was whether sexual intercourse took place or not.

“There was a casual sexual relationship that started in new years eve 2021 but he said they had sexual encounters at her home only twice,” she told the court.

Shaw told police on June 16, 2022, that he couldn’t remember her coming back to his place at all – but they were “great mates” and they “see each other all the time”.

“He had no idea of the allegations,” Ms Cusack said.

When police asked him about consuming psilocybin he said: “Oh that’s right … we did”.

Shaw told police he rejected her offers for sex and there was no sex that evening, Ms Cusack said.

The court was closed late in the afternoon for the victim’s evidence and is expected to resume on Tuesday.