Jared H Jacobus Desmares, 37, found not guilty in masseuse rape trial

A jury has found 37-year-old Jared Desmares not guilty of the rape of a massage therapist after a day of deliberations. Read what happened in court.

Day in the life of a masseuse.Remedial therapist Gerard Kelly from Gladstone Physio & Fitness, Glenlyon Street, Gladstone.Photo Christopher Chan / The Observer

A jury has found 37-year-old Jared H Jacobus Desmares not guilty of the rape of a massage therapist after a day of deliberations.

Mr Desmares was accused of raping a massage therapist and robbing her in 2022 but he has now been acquitted of all charges.

Mr Desmares, who took the stand in his defence, told the court he had consensual sex with the woman who the defence claimed was running an illegal prostitution business.

He said that when the pair were engaged in the act the condom broke and the woman offered some money back but he asked for a full refund.

He told the court he went back the next day to return the money given back to him because he thought it was wrong to take it.

In his closing statements defence counsel Angus Edwards told the jury to pay close attention to the differences in the accounts given by the woman to police and later in evidence to the court.

Cairns court house. Picture: Brendan Radke

He said there was no evidence that corroborated her version of events.

“It is a jigsaw puzzle that doesn’t really match,” he said.

He said Mr Desmares had visited the location several times and had received sexual services from three different women including the complainant.

Mr Edwards highlighted a sign placed in the window of the business which stated they do not provide sexual services saying it was instead an advertisement that they did.

Mr Desmares, who became emotional at times during his evidence, had told his lawyers to check the CCTV footage from the front of the business to corroborate his version of events which were later found to not be operational.

“He thought he would be on camera and it would be able to prove he didn’t rape anybody,” Mr Edwards said.

“The woman ran an illegal brothel and Mr Desmares paid for consensual sex, he was offered a refund when the condom broke and he pushed the issue.

“She would have been very disgruntled, she went to get the emergency pill and she made up a story about him robbing her.”

Mr Edwards said that after she reported the robbery to police she became concerned police may become aware she was running a brothel and made up the rape claim.

The jury took a full day to deliberate before acquitting Mr Desmares of the two charges of rape and one count of robbery.

Originally published as Jared H Jacobus Desmares, 37, found not guilty in masseuse rape trial