Cory Millar-Powell: Budding lawyer in sex assault trial claims consent
A budding lawyer on trial for an alleged sexual assault eight years ago claims the encounter was consensual despite an apologetic and tearful phone call being revealed in court.
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A budding lawyer fighting a serious allegation of sexual assault eight years ago claims the encounter was consensual and the alleged victim “was kissing me back”, despite an apologetic phone call being revealed in court.
Cory Millar-Powell, 27, is currently on trial in the NSW District Court fighting one charge of sexual intercourse without consent relating to an incident in April 2012 at Redfern.
It is alleged the former Penrith school student – who was 19 at the time – pushed a 17-year-old girl onto a bed inside his brother’s Redfern terrace after the pair had visited an art museum and gone out for lunch together in Sydney’s CBD.
It is also alleged Millar-Powell held her down and made a hole in her stockings before penetrating her with his finger or fingers, despite her allegedly trying to leave and asking him to stop.
Millar-Powell took the stand on Monday and denied sexually assaulting the alleged victim stating he believed the encounter was consensual.
“When we were making out (on the bed) she was kissing me back and we were just kissing normally,” he said.
He claimed at one stage he even asked the alleged victim if she wanted to continue and she said yes.
He also denied forcing her onto the bed or making a hole in her stockings and penetrating the alleged victim with his fingers. Rather he said he rubbed her genital area on the outside of her stockings.
“She was making appreciative noises that made me think she wanted me to continue.”
However, he said he knew now that his attempts to convince her to stay and make out were “not ideal” and he had learned a lot about the “intricacies” of consent.
Meanwhile, details of a confronting phone call made between the alleged victim and the accused in July 2019 were revealed in court.
The alleged victim contacted Millar-Powell to talk about the incident while police monitored the call.
“I was telling you I wanted to go and you kept going and holding me down,” the alleged victim said of the incident.
Millar-Powell replied: “I understand. I know, I know ... I was wrong and selfish and you don’t ever have to forgive me.”
At other stages in the call he also said “I completely disrespected you” and “I’m so sorry”.
“It was a bad thing to do. It was an awful thing to do. Please know I regret it with every fibre of my being,” he said on the phone call.
“I thought I was convincing you to stay and I now know I was forcing you to stay and I understand those two things are unbelievably different.”
However, he did not go as far as admitting to sexual assault or to penetrating the alleged victim.
The Crown prosecutor pressed him during cross examination about why he was apologetic in the phone call if he believed the incident was consensual and even pleasurable for the alleged victim.
Millar-Powell said in court he was upset on the call and did not want to argue with the alleged victim who was also upset and crying. He said he was apologising for making her feel uncomfortable rather than for sexually assaulting her.
Millar-Powell was employed in March 2019 by the Crown Solicitor’s Office as a litigation paralegal, according to his LinkedIn page. That contract has since ended.
The trial is continuing.