ANU student found not guilty of raping friend who sought comfort

October 29, 2021January 31, 2023 journo

An ANU student has been found not guilty of raping a close friend who went to him for comfort after she had been sexually assaulted by someone else. Chavin Seneviratne, 24, was accused of using a thumb to penetrate the friend without her consent while she was sleeping on his bed in mid 2017. Mr Seneviratne, from Sri Lanka, pleaded not guilty to a principal charge of engaging in sexual intercourse without consent and an alternative count of committing an act of indecency without consent. During his trial that started on Monday, the ACT Supreme Court heard that the pair had consensual sexual activity on the night that was in question. The complainant fell asleep on Mr Seneviratne’s bed and the following morning, they agreed that they would not talk about what happened. In January 2020, he sent her Facebook messages about the incident. Those messages included the defendant apologising a number of times and saying he stuck “a thumb in yr ass”, “I didn’t really get consent” and that he needed to clear his conscience. Mr Seneviratne maintained there was consensual sexual activity on that night and his messages related only to him initiating that activity knowing she was upset about being sexually assaulted previously. He told police he sought and obtained the complainant’s consent to various sexual interactions. MORE COURT AND CRIME NEWS In his closing statement on Friday, Defence barrister Ken Archer said the Crown prosecution’s only evidence was the “two lines [on Facebook] passed between two people”. “In the end, the evidence is scant and has no meaning consistent with the guilt of the accused if the messages are put fairly in their proper context,” Mr Archer said. He said the messages in January related to the moral issues and embarrassment that arose from the consensual sexual activity between two friends as one had a partner at the time. “What had occurred was a source of embarrassment,” Mr Archer said. “Whether it was morally right to do what they did … because she was vulnerable. “My client right from the start … within seconds of the sexual activity reflected that this wasn’t right in that sense.” Mr Archer said there were questions surrounding the credibility of the complainant and that his client was forthcoming when questioned by police. He told the jury to also consider his client’s character, described as being “a troubled soul” who was sensitive and introspective, in relation to his feelings for initiating consensual sex with a friend who was vulnerable. Mr Archer said the evidence regarding the alternative count was not beyond reasonable doubt. Crown prosecutor Keegan Lee said the critical evidence was the Facebook messages as they amounted to a “genuine confession to digitally penetrating the complainant’s anus without her consent while she was asleep”. Mr Lee said that after the January messages, the defendant had stopped messaging the complainant for days because of the alleged offending. Mr Seneviratne said, however, that he stopped because the complainant had become toxic and was hounding him in relation to her personal issues. The jury took about three hours to reach its verdict. Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:

Chavin Seneviratne, 24, was accused of using a thumb to penetrate the friend without her consent while she was sleeping on his bed in mid 2017.

Mr Seneviratne, from Sri Lanka, pleaded not guilty to a principal charge of engaging in sexual intercourse without consent and an alternative count of committing an act of indecency without consent.

During his trial that started on Monday, the ACT Supreme Court heard that the pair had consensual sexual activity on the night that was in question.

The complainant fell asleep on Mr Seneviratne’s bed and the following morning, they agreed that they would not talk about what happened.

In January 2020, he sent her Facebook messages about the incident.

Those messages included the defendant apologising a number of times and saying he stuck “a thumb in yr ass”, “I didn’t really get consent” and that he needed to clear his conscience.

Mr Seneviratne maintained there was consensual sexual activity on that night and his messages related only to him initiating that activity knowing she was upset about being sexually assaulted previously.

He told police he sought and obtained the complainant’s consent to various sexual interactions.

MORE COURT AND CRIME NEWS

In his closing statement on Friday, Defence barrister Ken Archer said the Crown prosecution’s only evidence was the “two lines [on Facebook] passed between two people”.

“In the end, the evidence is scant and has no meaning consistent with the guilt of the accused if the messages are put fairly in their proper context,” Mr Archer said.

He said the messages in January related to the moral issues and embarrassment that arose from the consensual sexual activity between two friends as one had a partner at the time.

“What had occurred was a source of embarrassment,” Mr Archer said.

“Whether it was morally right to do what they did … because she was vulnerable.

“My client right from the start … within seconds of the sexual activity reflected that this wasn’t right in that sense.”

Mr Archer said there were questions surrounding the credibility of the complainant and that his client was forthcoming when questioned by police.

He told the jury to also consider his client’s character, described as being “a troubled soul” who was sensitive and introspective, in relation to his feelings for initiating consensual sex with a friend who was vulnerable.

Mr Archer said the evidence regarding the alternative count was not beyond reasonable doubt.

Crown prosecutor Keegan Lee said the critical evidence was the Facebook messages as they amounted to a “genuine confession to digitally penetrating the complainant’s anus without her consent while she was asleep”.

Mr Lee said that after the January messages, the defendant had stopped messaging the complainant for days because of the alleged offending.

Mr Seneviratne said, however, that he stopped because the complainant had become toxic and was hounding him in relation to her personal issues.

The jury took about three hours to reach its verdict.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: