Jayden Davis found guilty of raping young woman at Casino by jury in Lismore District Court trial
A jury has found a Northern Rivers man guilty of raping a young woman, who thought she was having sex with her boyfriend until she noticed the offender’s facial hair. Here’s how the trial played out.
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A jury has found a Casino man guilty of raping a young woman, who initially thought she was having sex with her boyfriend until she noticed the offender’s facial hair.
Jayden Davis, 26, was found guilty by a jury at Lismore District Court on Thursday of having sexual intercourse with the woman without her consent.
The offending against the woman aged in her early 20s occurred during a gathering at a Casino address in early 2021.
A trial was called before a jury to determine if the victim consented to sexual intercourse at the time, and if Davis knew she was not consenting.
The prosecution case rested solely on evidence given by the victim that she did not consent.
Davis admitted to having sex with the woman and the court heard his semen was found inside her because he did not use a condom.
The woman was sleeping when she felt someone crawl into bed with her and start kissing her, the court was told.
She initially kissed the man back, assuming it was her boyfriend.
Davis pulled off the victim’s pants and tried to put his penis inside of her, but was obstructed by a tampon, the court heard.
He felt around for the tampon string and “ripped it out”, which hurt the victim, before raping her, the court heard.
The victim was “very stoned” after smoking “five or six bongs” and her intoxication made it difficult for her to realise what was happening.
“I tried to open my eyes so many times, but I couldn’t,” the victim said.
The Crown prosecutor told the jury “a growing awareness dawned” as the victim felt her rapist’s facial hair rubbing on her face.
When the woman finally opened her eyes and spotted Davis, she pulled herself away and exclaimed “what the f--k”.
“He should have said something to me but he didn’t,” the woman told the court.
Davis pulled up his pants before hurriedly leaving the house, leaving the victim in tears.
The prosecutor said Davis was “reckless” when he assumed consent and “took no steps whatsoever” to see if the victim was alright.
The prosecutor said the kissing did not mean there was consent to have sex, particularly because the woman mistakenly believed Davis was her boyfriend.
The crown prosecutor told the jury the victim was “honest and authentic” in her testimony.
Defence barrister Simon App argued there was inconsistencies in the victim’s evidence.
He said the woman knew “long before the intercourse took place” that Davis was not her boyfriend and “went on to have the intercourse”.
Mr App said Davis claimed the victim looked into his eyes, helped him take off her shorts by “wriggling” her hips, rolled over and opened her legs for him.
The lawyer read a police interview with Davis and text messages he sent after the sex assault.
“(I) seen the chick, and sort of put it on her,” Davis said.
“I was drunk and in the mood, so I thought f--k it.”
Davis said the woman was kissing him back, so he “thought it was all right”.
“I never f--ked her while she was asleep,” he said.
“She was awake and knew what was going on. She opened her legs and we had sex.
“(Then) I pulled up my pants and walked out the door.
“She can’t try rape, that chick was all for it.”
The jury handed down its guilty verdict, convicting Davis of rape, and his stepmother gasped, bursting into tears.
Judge Jennifer English remanded Davis in custody and refused bail.
Davis’ family called out “stay strong” and “you got this” to him as he was taken into custody.
He is due to be sentenced in the court on May 12.