Brad Murray Evans acquitted of rape charges in Bundaberg court

A Bundaberg man has been acquitted of rape charges after a two-day trial in Bundaberg District Court.

A Bundaberg man has been acquitted of rape charges after a two-day trial in Bundaberg District Court.

A Bundaberg man has been found not guilty of raping a bartender after a two-day trial.

The trial in Bundaberg District Court began on Monday, October 23 and reached its conclusion on Tuesday, October 24 when the jury found the man not guilty.

Brad Murray Evans pleaded not guilty to one count of rape on Monday.

In his opening statement, Crown prosecutor Toby Corsbie told the jury the alleged incident occured after a night of drinking involving the complainant, a female bartender, her two co-workers and three other people she met for the first time that night including Mr Evans.

In facts uncontested by Mr Evans‘ defence barrister, Matt Hynes, the group went to three Bundaberg bars throughout the evening where the complainant became drunk to the point of vomiting in one of the bar’s toilets.

Mr Corsbie said that by this stage of the evening the complainant “can’t really remember much, she was just too intoxicated”.

Mr Evans pleaded not guilty and was acquitted of all charges on Tuesday after a two-day trial.

The group then went to the home which Mr Evans shared with two other people in the party, where the complainant was put into bed in a spare room.

Mr Corsbie said the complainant would testify that later that night she woke up in the spare room with Mr Evans allegedly in the act of penetrating her painfully.

Contrary to this account, Mr Hynes said a defence witness heard Mr Evans enter the spare room in which the complainant was staying, from where he heard voices and then sounds consistent with sexual intercourse, suggesting that Mr Evans had not in fact begun to have sexual intercourse with the complainant while she was asleep.

Mr Hynes told the jury that on the following day, the complainant at first told her housemates she had willingly had intercourse with Mr Evans, and only later said that she did not consent to having sexual intercourse with him because she was asleep.

Mr Hynes said the jury’s primary consideration through the trial should be whether the gaps in the complainant’s memory gave them cause to have reasonable doubt that Mr Evans and the complainant had sexual intercourse without her consent.

Originally published as Brad Murray Evans acquitted of rape charges in Bundaberg court