Vaughan Rogers: Thirroul alleged rape trial closing statements

The lawyer for a man accused of raping a woman after a night out has characterised what allegedly happened that evening as “good old-fashioned passion”.

Vaughan Rogers outside Wollongong Courthouse. Picture: NCA NewsWire / Simon Bullard

The barrister for a “socially awkward, shy, introverted” man on trial for allegedly raping a woman after a night out at an Illawarra hotel has described what happened that night as “good old-fashioned passion”, rather than sexual assault.

Vaughan Rogers, 41, is facing a trial at Wollongong District Court charged with aggravated sexual assault after police allege he raped a 56-year-old woman at a Tarrawanna home on October 14, 2018.

The court heard Rogers allegedly jumped in the complainant’s taxi at the end of a night out at the Towradgi Beach Hotel before the prosecution said he followed her down the driveway, pushed her to the floor inside her own home and sexually assaulted her.

Rogers’ barrister Leah Rowan rejected the complainant’s version of events in her closing submissions as she addressed the jury.

Vaughan Rogers outside Wollongong Courthouse. Picture: NCA NewsWire / Simon Bullard.

The barrister drew the jury’s attention to the woman’s pantyhose in photographs of the crime scene, pointing out they were undamaged despite the complainant’s allegations Rogers had removed them without consent.

“The idea they had been taken off by someone else in a forceful, violent attack and not gotten a run – I’m not saying it’s impossible, but I don’t know how it would happen,” Ms Rowan said.

“That is consistent with only one thing – that’s just good, old-fashioned passion.

“It might not be pretty, it might not be what you would do, it might not be something to be proud of – but it’s not sexual assault either.”

The court also heard Rogers had been frank with his wife about his infidelity after what he testified was a consensual sexual encounter which endured for about 90 minutes.

Crown prosecutor Daniel Noll reinforced the woman’s account, telling the court that just minutes after the incident she had texted a friend “I’ve just been raped”.

Vaughan Rogers (right) leaving Wollongong Local Court at a previous appearance.

“The accused had been gone from the woman’s house for 15 minutes before she reported she had been raped,” Mr Noll told the jury.

“He pushed her to the floor, and had sex with her – he had penile-vaginal sex with her, he used no condom and she thought he had ejaculated.”

The court also heard Rogers’ DNA was found on a black umbrella allegedly used by the complainant to hit him in a desperate bid to make him stop – though Ms Rowan said his DNA was found on the handle, suggesting he had held it himself.

Ms Rowan informed the jury Rogers also attended the police station of his own accord in 2018 after his wife’s parents came across a police appeal for information about the alleged incident which included CCTV images of Rogers at the Towradgi Beach Hotel that night.

The jury has now retired to consider the evidence.