12 hours ago
Canberra man jailed for raping customer in shopping centre art shop where he worked
A man accused of raping a customer in a Canberra shopping centre art shop where he worked is behind bars after an ACT Supreme Court jury found him guilty within four hours.
It is the second time Abhishek Timalsina has been tried for the crime, which occurred in the Westfield Belconnen store's staff room in November 2022.
The first jury was unable to reach a verdict, but yesterday another jury found Timalsina guilty of two counts or rape and four acts of indecency.
The original case was significant because it was the first test of the ACT's new affirmative consent laws, which apply a different standard to the evidence.
Consent is now required to be both free and voluntary, and has to be communicated to the other party.
That means consent can no longer be presumed.
The woman had gone to the shop to enquire about a refund when the pair began talking about her art and his photography.
The events were not disputed.
But on Timalsina's version, the pair were flirting, and the woman had been laughing and smiling when he leaned in and kissed her.
The court heard Timalsina asked her if she "wanted to do something crazy".
He told the court they had been "vibing", and he thought he had consent and that the woman was enjoying the attention.
The woman later told a friend that during the incident her brain had "checked out".
She admitted she had kissed him back, but as things escalated, she stopped reacting.
The woman took herself to hospital in the immediate aftermath, to be examined.
Timalsina's bail has been revoked, and he was taken away to jail.
He will be sentenced in August.
