Tristan Andy Cortes on trial for rape in Kingaroy District Court
The case of a young Dalby man accused of raping a teenage girl will centre around consent and “no meaning no”.
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The case of a young Dalby man accused of raping a teenage girl will centre around consent and “no meaning no”, a court heard.
Tristan Andy Cortes’ trial for two charges of rape began in Kingaroy District Court on Monday, May 19.
Mr Cortes, 22, pleaded not guilty to both counts.
During opening statements, Mr Cortes’ barrister, Mr Beard, told the court there was no disputing that sexual contact occurred between the alleged victim and his client.
However, he told the court his client honestly and reasonably believed the complainant had consented.
The court heard Mr Cortes and the complainant, who was 15 at the time of the offence, were alone at the same house when he began to pursue her and “was insistent they have sex”.
Crown prosecutor Toby Corsbie told the court he pushed the complainant down on a couch.
While she did not immediately verbalise that she did not consent, she covered her face with her hands and froze as he digitally penetrated her.
The court heard she then she told him “explicitly” that “she doesn’t want this”, after which he penetrated her with his penis.
Reportedly, she told police he threatened her to keep it quiet.
Mr Corsbie told the court there was no physical, DNA or forensic evidence in the matter, and that the trial would be about “no meaning no”.
He went on to say the only evidence that would be presented by the crown would be witness testimony.
“The most key aspect of this trial will be (the complainant’s) evidence,” he said.
He told the court while the complainant did not report the matter to police until the following year, she told a friend about it that same day and her story had stayed consistent over time.
Only three witnesses would be called to give evidence, which included the alleged victim who would be giving evidence via video link.
At the conclusion of the opening statements, the court was closed to the public while the complainant’s testimony was heard.
The trial will likely run over two to three days.
More to come.
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Originally published as Tristan Andy Cortes on trial for rape in Kingaroy District Court