8 hours ago
‘Sterling gentleman not a monster': Sydney man found not guity of rape
A schoolboy accused of raping, choking, assaulting, and intimidating a woman has been found not guilty of all charges, after a jury accepted the 'sterling gentleman' could not have transformed into a 'horrendous monster' for a single year.
Christopher Kay, now 21, stood trial in the NSW District Court after pleading not guilty to 18 charges relating to an alleged victim when they were both 17-year old school students.
A jury took less than a day to find the Chatswood man not guilty of all charges.
Mr Kay was accused of sexual intercourse without consent - with the Crown relying on her alleged comments 'Maybe not right now. Can we please do this later?' to show her lack of consent.
He was also accused of damaging her necklace and mobile phone in fits of anger.
Mr Kay's defence barrister Margaret Cunneen SC told the jury that while acknowledging the abhorrent nature of sexual assault and violence against women, false allegations are equally serious and that the complainant had fabricated a narrative to frame her client.
She described Mr Kay as a 'sterling gentleman', highlighting his good character, academic achievements, and lack of prior offences - arguing it was improbable for him to suddenly transform into a 'horrendous monster'.
Ms Cunneen accused the complainant of 'retrofitting' and embellishing her evidence, portraying her as an 'entitled, very spoilt actress' who had lied under oath.
Evidence that Mr Kay had called the alleged victim's mother, expressing concern for her emotional state and asking her to come and get her was behaviour inconsistent with the behaviour of an abuser, Ms Cunneen told the court.
Ms Cunneen questioned why the complainant and her current boyfriend had concealed their relationship, suggesting it was part of a scheme to portray the complainant as a victim.
She told the jury the complainant was 'very, very keen on sex' and often initiated it and suggested that, given the explicit nature of their communications, Mr Kay had reason to believe he had.
Crown Prosecutor Simon Healy said the verdicts should be a 'technical decision' based on the evidence, a yes/no answer to whether the Crown has proven the essential elements of each count, rather than an emotional decision based on personal feelings.
Acknowledging the complainant could be fun and pleasant, he said she was also demanding and difficult. However, he stressed that the trial was not about her character, but about whether the Crown had proven the essential elements of each count.
Ms Cunneen told Mr Kay, who had his passport seized by police, missed scholarship and exchange opportunities at overseas universities while he waited to defend the charges.
She said the court heard Mr Kay's good character evidence also spanned the period in question and the three years since.
The evidence included a young woman friend of both who declared herself a 'deep-rooted feminist' but that, 'to her close observation, Christopher was always calm and caring while the complainant used 'weaponised panic attacks' to get her way.'
The court also heard the alleged offences were said to have occurred at Mr Kay's home, a two-bedroom apartment, yet the police did not obtain statements from his parents, who were usually home.
They gave evidence that they heard nothing untoward, and heard only laughter coming from the room.
Mr Kay told 'This has been an incredibly traumatic experience for my family and me. I'm glad that the truth was revealed and a new chapter of life can begin.'
