Lawyer defending accused rapist says he has ‘good sexual ethics’
The lawyer for a Prahran man who allegedly raped a woman as she slept has told a court his client treats women with respect.
Police & Courts
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The lawyer for a Prahran man accused of raping a young woman as she slept has used his closing address to attack her credibility, saying her account had “significant problems”.
Hugh Sweeney, 35, is standing trial in the County Court for allegedly coaxing a woman to his apartment hours after they met at a bar in Richmond before raping her while she was asleep.
He denies wrongdoing and claims the woman consented to other sex acts.
In his 40-minute closing address on Friday, Mr Sweeney’s barrister, Peter Morrissey SC, said the woman, whose evidence was heard in closed court, was not a credible or reliable witness.
“Her account has some significant problems with it,” he told the jury.
“I don’t need to establish that she’s lying flat out through her teeth, I’m just putting to you that she’s not reliable.
“She denies things that happened, she denies the clear realities of life.”
Mr Morrissey said it was a “relevant fact” that the woman had struggled with mental health issues.
He added his client had “good sexual ethics" and treated women with respect.
Earlier, prosecutor Paul Kounnas said mental health issues did not make someone an unreliable witness and he expected the defence to paint the woman as a “vindictive complainer”.
“You shouldn’t use that against her because people with a clean bill of mental health aren’t the only ones that can be offended against,” he said.
“It can happen to anyone.”
“Being emotional does not equate to lying nor does it equate to being unreliable.”
Mr Kounnas noted the woman’s account of the alleged rape in June 2015 had always been consistent, including while under cross-examination.
He also pointed out Mr Sweeney in his testimony described the sexual activity in “extreme detail” despite it being eight years ago and failing to recognise the woman during a chance encounter.
“He couldn’t remember who she was,” he said.
“(But) he developed a clinically precise story of how the sexual contact occurred … that doesn’t make sense.”
Mr Sweeney allegedly raped the woman, then in her early 20s, hours after meeting her at Public House in Richmond.
They allegedly went back to his apartment after he promised not to “try anything”.
It’s alleged the woman fell asleep in Mr Sweeney’s bed but later woke up to him raping her.
Mr Sweeney denies the allegations and claims the woman consented to other sex acts.
The jury is expected to deliberate next week.