District Court jury find Joshua John Wilton guilty of two counts rape of 16-year-old girl with co-accused in 2023, not guilty of third count

A young man raped a 16-year-old girl during a drugged, drunken attack with a co-accused, a jury has found. But they say he’s not guilty of every charge.

A young man has been found guilty of raping a 16-year-old girl with a younger co-accused, with a jury rejecting an argument the victim’s testimony was “unreliable” after days of consuming Xanax and alcohol.

Joshua John Wilton, 20, of Hackham, appeared in the District Court last week for a jury trial after pleading not guilty to three counts of rape.

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Following deliberations, the 12-person jury found Wilton guilty of two counts of rape – but not guilty of a third.

By its verdict, the jury found Wilton guilty of rape with the co-accused, but not guilty of rape alone.

During his closing statement, Sam McDonough, for Wilton, told the jury DNA evidence taken after the offending did not support the victim’s account – whose recollection of events was submitted to be “far less than perfect”.

Joshua John Wilton has been found guilty of two counts of rape. Picture: Facebook

“We know that during several days leading up to April 17, 2023, (the complainant) – with Josh – was abusing drugs,” Mr McDonough said. “In particular, what was referred to as Xanax.

“On April 17, the day of the allegations, we know also that she consumed a large quantity of tequila. It would be fair to say that for this period, for these approximately four days (the complainant) was not her best self, she was not her most sober or lucid self (and) it is therefore perhaps not terribly surprising that her recall of this period is far less than perfect.

“Is her account reliable in light of all the drug and alcohol abuse for a sustained period of time? We have, in my submission, good reason to suspect perhaps not.

“Suffice it to say, the DNA evidence does not support (the complainant’s) account. Remember on (the complainant’s) version, she puts her underpants and other clothes on almost immediately after the incident she says occurred and yet Joshua’s DNA is positively excluded from contributing from that era, notwithstanding five or so minutes of ongoing friction.”

The court previously heard Wilton and his co-accused were “working as a team” with a “common purpose to sexually assault (the complainant)”.

“The accused grabbed (the complainant’s) shoulders and pushed her down on to a mattress on the lounge room floor and said to (the co-accused) something like ‘now is your chance, like now you can get what you’ve wanted’,” prosecutor Lucy Boord KC said.

“The accused then took his pants off and said words to the effect of ‘you’ve had your chance – now it’s my turn’.”

Wilton will return to court later this month.

Originally published as District Court jury find Joshua John Wilton guilty of two counts rape of 16-year-old girl with co-accused in 2023, not guilty of third count