Verdict delivered in trial of man accused of raping friend
A WARWICK man has walked free from court after being found not guilty of breaking into his long-term friend's home and attempting to rape her.
It was alleged the man forced his way into the woman's Warwick home in the early hours of November 6, 2016 and touched her indecently while she slept.
The Warwick District Court heard the pair were friends for almost 20 years prior.
The man was acquitted of one count each of attempted rape and burglary in the night with intent to commit an indictable offence.
The defendant told the court he went to the woman's home that night to "check on her" and repay money.
He said after knocking loudly and calling out to her, he entered the house through already broken louvres out of concern for her welfare.
He denied any sexual contact with the woman.
Both the man and the woman were frank about the role of drug use in their friendship, and each admitted to some substance abuse that night.
Crown prosecutor Elizabeth Kelso argued the man's use of methylamphetamines that night made his account of events unreliable.
However, Judge Nicole Kefford acknowledged the defendant's frankness on his level of intoxication, and said it was the woman's "lies" throught the investigation that made her an "unreliable historian".
"Overall, the defendant's account about his concern for the complainant, the events surrounding his entry into the complainant's home and his intention in that regard … struck me as a genuine and reliable account," Judge Kefford said.
The man was formally discharged of all charges.
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