Matthew Goldman: Man acquitted of raping teenage girl but guilty of choking assault
The 20-year-old water polo referee from Sydney’s east has been acquitted of raping a teenage girl, but found guilty of choking her.
A young Sydney water polo referee has been acquitted of raping and indecently assaulting a teenage girl, after arguing in court the sex was consensual.
But the jury found him guilty of one count of assault, over an incident where he choked her.
Matthew Emannuel Goldman, 20, trembled and looked shell-shocked as the jury foreperson stood and declared him not guilty of four of the five charges he had fought over a three-week trial in NSW District Court.
Once all five verdicts had been delivered, he dabbed at his eyes with a crumpled tissue.
Goldman was acquitted of two counts of rape and one of indecent assault and one of assault causing actual bodily harm. He was convicted of one count of assault.
All of the charges related to alleged incidents in 2018, when the girl was 17. She cannot be identified.
The Crown argued at trial that Goldman must have known the girl had not consented to sex.
She testified over a number of days via audiovisual link, saying she had cried and clearly said “no” before he forced himself onto her on two occasions.
But Goldman’s barrister, Anthony Bellanto QC, argued the sex and choking were both consensual. Goldman denied any sexual misconduct towards or physical abuse of his accuser, Mr Bellanto said.
The barrister told the jury in his closing address on Friday that the girl’s evidence had contained a number of inconsistencies. “I’ve been somewhat critical of (her) and I make no apology for that,” he said.
Quizzed as she gave evidence two weeks ago about whether she had “changed her story”, Goldman’s accuser said she had “undermined” what happened in conversations with family and friends because she was embarrassed and felt like it was her fault.
She now knows, she told the court, that she doesn’t have to feel ashamed about it.
The Crown contended she was an honest witness, who gave “frank and candid” answers, did not exaggerate, and who made concessions where appropriate.
Mr Bellanto urged the jury not to convict Goldman on “this quality of evidence”.
Goldman did not take the stand, nor put forward any other witnesses in his defence. He was accompanied only by his legal team in court.
One juror was visibly upset in court as the verdicts were handed down. The 12 men and women had deliberated for about a day and a half.
“Sitting in judgment of a fellow citizen is no doubt a difficult experience,” Judge Penny Hock told the jurors before thanking them and releasing them from jury duty.
Goldman remains on bail and will be sentenced at a later date.