Jury retires in case of rape accused Charlie Tianma He and Tyler Phillip Sullivan

A jury has retired to deliberate on a verdict for two men accused of rape following a night out in Brisbane after alleged texts from one of the men to a friend were shared with the court.

Charlie Tianma He, 22 of Runcorn, and Tyler Phillip Sullivan, 21 of Drewvale, are on trial in the Brisbane District Court for rape. Picture: Tertius Pickard / John Gass

A man accused of raping a female friend allegedly texted another man, who had had consensual sex with the woman that night, asking “how was she?” and “should I f--- with her?” before he went into the room where the woman was asleep, a court has heard.

Charlie Tianma He, 22 of Runcorn, and Tyler Phillip Sullivan, 21 of Drewvale, are both on trial in the Brisbane District Court this week accused of raping a woman known to them after a night out drinking in Fortitude Valley.

The jury heard on Tuesday that the woman had accompanied the defendants back to Mr He’s unit on a night in July 2022, and engaged in consensual sex with another man.

After the other man left, it is alleged the two defendants both engaged in sexual acts with the woman without her consent.

Mr Sullivan pleaded not guilty to two counts of rape and two counts of sexual assault, while Mr He pleaded not guilty to one count each of rape and sexual assault. Their pleas were made on the basis that they had believed the woman to have been consenting.

Charlie Tianma He at the Brisbane Supreme Court. Picture: NewsWire/Tertius Pickard

In closing arguments on Thursday, crown prosecutor Michelle Parfitt read a text exchange between Mr Sullivan and the man who had had consensual sex with the complainant earlier that night, before leaving the apartment in the early hours of the morning.

“It seems that before going into that room [where the complainant was sleeping alone], Mr Sullivan was interested in having sex with [the complainant],” Ms Parfitt told the jury.

Sullivan: “Bro, how was [the complainant]?”

Other man: “Good bro”

Sullivan: “Should I f*** with her, or nah?”

Other man: “Sorry, what?

Sullivan: “Should I lay with her, or no?”

Other man: “Bro, probably don’t if I’m being honest.”

Sullivan: “Why not?”

Other man: “Because she’s asleep bro.”

Ms Parfitt said there was no conversation between the complainant and Mr Sullivan before he started having sex with her, and she referred to the complainant’s testimony that she “did not do or say anything” that could be interpreted as consent, she “laid there frozen”.

Regarding Mr He, the crown prosecutor urged the jury to accept the woman’s evidence given during the trial that she made a few grunts or noises in her sleepy state, but no affirmative noise that could meet the definition of consent when Mr He spoke to her.

Mr Sullivan’s defence barrister Kim Bryson told the jury in her final submissions that this was “a case of regret” rather than rape.

“They [Mr Sullivan and the complainant] were friends who had a consensual sexual encounter after a night out,” she said.

Tyler Phillip Sullivan leaving the Brisbane Supreme Court where he is on trial, accused of raping a woman in inner Brisbane. Picture: NewsWire/Tertius Pickard

“Later that morning - perhaps because she was embarrassed about her decisions, concerned about gossip, or told so by her sister - she has convinced herself that she was raped.”

Ms Bryson reiterated to the jury that the complainant “claimed to have no memory of some critical aspects of the events, but then at other times had very specific recollections”.

She also said that the complainant’s actions - in the version of events given by her client - could be interpreted as consent.

“It is true that [the complainant] did not utter the words ‘I want to have sex with you Tyler’ but that does not mean she was not consenting by her actions,” Ms Bryson said.

“He was entitled to take her actions of kissing him and having his penis in her mouth for about a minute, into account when forming the belief that she was consenting.”

Mr He’s defence barrister Angus Edwards KC also alluded to the complainant’s struggle to remember parts of the incident, during his closing arguments to the jury.

“When she is sure something did not happen, she is perfectly comfortable saying ‘that did not happen’. But with everything to do with Charlie He it was ‘I don’t know’ or ‘I don’t remember’,” Mr Edwards told the court.

Mr Edwards pointed to details given by Mr He in his version of events that he brought the woman a bottle of water, she sat up and drank it, and spoke to him.

“Who sits up and drinks water in their sleep?” he posed to the jury, referring to the complainant’s testimony that she can sleep-talk.

Ultimately, Mr Edwards said as soon as the complainant pushed Mr He away when he was touching her, he left the room.

“The minute she made it apparent she wasn’t consenting, he stopped. That is hardly the actions of a rapist intent on sexually assaulting someone,” he said.

Neither Mr Sullivan nor Mr He chose to give evidence or call any witnesses, following the conclusion of the Crown case.

The jury will now retire to begin deliberations over verdicts for both men.

Originally published as Jury retires in case of rape accused Charlie Tianma He and Tyler Phillip Sullivan