Lachlan Charles Bate found not guilty of sexual intercourse without consent after Grindr lover accused him of rape
A Yamba realtor who was invited to a party by his Grindr lover, who claimed he was raped, has walked free. Here’s what happened in court.
Lismore
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A Clarence Valley man invited to a party by his former Grindr lover in a drug fuelled tryst involving sex tapes has fronted court for judgement over rape allegations.
Lachlan Charles Bate, 35, of Yamba, was found not guilty to four counts of sexually touch another person without consent and six counts of sexual intercourse without consent by Judge Timothy Gartelmann in the Sydney Downing Centre on Wednesday.
Mr Bate’s judge alone trial heard the complainant and Bate met on the dating app Grindr in February 2019 and engaged in sexual activity at that time.
Contact between the men stopped until the complainant invited Bate to a party on August 27, 2022.
Bate was arrested on December 29, 2022.
Defence counsel for Bate, Ben Cochrane, said the complainant consented to all the acts involved and remembered them.
“The videos show the complainant did consent at the time even if he didn’t remember them later,” Mr Cochrane said.
He said the videos showed the complainant was a willing, enthusiastic participant despite his intoxication.
The court heard Bate had reasonable grounds to believe the complainant consented in the circumstances as they had previously engaged in sexual activity in the context of mutual drug use on other occasions and had attempted to do so earlier the same night, the court heard.
The complainant did not admit to the supply of drugs when he met Bate on August 27, 2022 but stated the police didn’t know why Bate had paid him money.
He denied he misled police or the court about either matter, and conceded he was interested in sex in the context of drug use.
Judge Gartelmann said these factors contribute to his credibility. He said the recordings showed the complainant repeatedly engaging in sexual activity with Bate.
“The nature and extent of his participation strongly suggests he was cognisant of the acts involved,” Mr Gartelmann said.
He said the fact he continued to participate throughout the recordings shows he was willing for them to occur and had the capacity to consent to it.
In the videos, Bate continually asked the complainant if he wanted his “dick” and “cock”.
An expert reported on the existence of a subculture of consensual sexual activity in the context of drug use in the gay community, the court heard, and the complainant admitted he and Bate had engaged in such activity on previous occasions.
The complainant also confirmed he and Bate began sexual relations on the night of the alleged offending.
Judge Gartelmann found Bate not guilty of all allegations and discharged him.
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