‘She displayed warmth’: Teen convicted of raping classmate fights to clear name

A Katoomba High student was unfairly convicted of raping his classmate because she “displayed warmth” and said “stop, it hurts”, rather than a blanket “no”, lawyer tells court.

The young rape victim burst into tears when her attacker was found guilty earlier this year. Picture: Simon Carter

A teenager claims he was unfairly convicted of raping his female classmate at a party in part because the girl “displayed warmth” and later said “stop, it hurts” rather than “a blanket no” as he allegedly attacked her, a court has heard.

The high profile sexual assault case has mounted pressure on Katoomba High School and government after it emerged the girl and her family complained to the school about the boy and his mates before the alleged rape.

The teenage boy, who cannot be identified, pleaded not guilty of six counts of sexual intercourse without consent after he was charged in January 2021, more than a year after the November 2019 party.

He was found guilty in the Children‘s Court, in May this year, and received a nine month sentence with two months non-parole.

The girl, in her victim impact statement, described her attacker as a “monster” whose actions left her ”so very lost”.

Katoomba High School. Picture: Google Maps

The Director of Public Prosecutions appealed for a tougher sentence calling it “manifestly inadequate” while the boy also appealed to have the conviction overturned.

The boy’s appeal was heard at Parramatta District Court on Wednesday.

His barrister, Anthony Bellanto KC, told NSW District Court Judge Huw Baker it was “glaringly improbable” to find the boy guilty beyond a reasonable doubt – as the Childrens' Court magistrate had done.

The court heard the boy allegedly raped the girl over a two hour period on the mattress while she was drunk after she withdrew consent.

The relationship between the teenagers was tense before the Halloween party, the court heard, because the girl reported the boy and his friends to the school.

It has since emerged the girl’s parents met with the school four days before the party, wanting police to intervene over alleged harassing comments.

The teen, who was sentenced to a maximum of nine months in jail, was released on bail later that same day. Picture: Channel 9

The girl told the Children’s Court, earlier this year, that she had rolled the boy a cigarette on the patio at the party because he was drug affected – and they discussed her complaints about his friends.

“(Two boys) were suicidal, she was told if anything happened it would be her fault for snitching,” Mr Bellanto told the judge on Wednesday.

He argued that, over the intervening hours, the girl went from hating the boy to “warming”, he told the court.

“It changed from where she said she didn‘t like him one little bit to a situation where her relationship with him at the party warmed, and became quite conciliatory, to the point she was comfortable sharing a bed with him,” the barrister said.

Mr Bellanto argued the sex was consensual but put the girl in a “dilemma” to explain to her friends and family why she had sex with a boy she vocally hated.

“As time ticked by pressure was building on her to account for her expressed feelings of dislike but explain why she was even initially amorous with (the boy) at the party,” Mr Bellanto said.

‘STOP, THAT HURTS’

“Not only did she display warmth to (the boy) she even poured him a drink toward the end of the evening.”

Mr Bellanto said the girl concluded she’d look “foolish” admitting she slept with the same boy she had complained about.

The barrister also argued the girl “colluded” discussing how to tell the boy’s ex girlfriend they had sex.

She did not go to police until a year after the party, he noted.

The boy’s legal team argued the girl said “stop, that hurts” during the intercourse.

The next morning, Me Bellanto added, the boy asked to have sex again and the girl replied with a “clear and blanket no”.

“Why didn’t she take that approach the night before?” the barrister asked.

Judge Baker suggested both statements mean “no”.

Crown Prosecutors told the court the magistrate who convicted the boy had made no error reaching her conclusions.

The girl gave a frank, reliable account of the evening while the boy had been confident throughout his evidence and attempted to paint himself sympathetically, prosecutors told the court.

The prosecutor told the court the girl had consented at first and her dislike of the boy had dimmed because she was very drunk – but she was “unshakeable” in her allegations against him.

The case triggered an internal investigation by the Department of Education after the girl’s parents said they met with the school before the alleged rape.

The department‘s final report was never shared with the girl or her family.

The NSW Ombudsman is now conducting its own investigation into the handling of the complaints.

Judge Baker’s decision will not be handed down before February next year.

The DPP’s attempt to add more time to his sentence will be heard next year if the conviction stands.