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Schoolgirl raped by teen boy at party in the Blue Mountains accused of fabricating the story

Lawyers for a Blue Mountains student who raped a teenage girl during a “humiliating” two-hour ordeal at a Halloween party argued his conviction was “extremely unlikely” and the victim’s evidence should not be trusted.

The teenager, who cannot legally be identified, was sentenced in August at Parramatta Children’s Court to at least two months behind bars for the 2019 attack on a house party that occurred while he and his victim were students at a Blue Mountains school.

Correctional Services officers took him away after Magistrate Louise McManus sentenced him to a maximum of nine months in a juvenile detention center.

But he walked out of court later that afternoon after being granted bail pending an appeal against his conviction.

The appeal went before Judge Huw Baker on Wednesday in Parramatta District Court, where the man’s lawyer, Anthony Bellanto KC, told the court that Ms McManus’ ruling was “extremely unlikely”.

The Teenager, Who Was Sentenced To A Maximum Of Nine Months In Jail, Was Released On Bail Later The Same Day.  Image: Channel 9

The teenager, who was sentenced to a maximum of nine months in jail, was released on bail later the same day. Image: Channel 9

The teen pleaded not guilty, but after a trial earlier this year, he was found guilty of six counts of sexual assault and one count of choking without consent.

He was found not guilty on two other counts of sexual assault, common battery and suffocation with loss of consciousness.

At trial it was said that the then-teenager was impaired by alcohol and consented to some sexual acts but did not consent to others.

During sentencing, Ms McManus described the sexual assaults as “humiliating” and as showing “little respect for her as a person”.

Bellanto detailed the relationship between the former students and said that the girl did not like the boy before the assault.

“There is an evolving warmth between them as one watches a series of important events at the party since he arrived at 8:30 pm,” Mr. Bellanto told the court.

The court was told that the girl “disliked him immensely” and was trying to avoid him when he was at the party.

The couple would then smoke together on the back deck while chatting.

Bellanto told the court that the couple watched television together later in the evening and talked, but the girl said she had “gaps in her memory.”

He decided to stay the night and put a mattress on the floor of the living room.

‘Is it okay if I sleep on this mattress too?’ said the boy, according to Mr. Bellanto.

The girl said yes, but told him that she needed to “get a good night’s sleep” as she had to work the next morning.

The Man Faced An Appeal Hearing On His Conviction On Wednesday At The Parramatta District Court.

The Man Faced An Appeal Hearing On His Conviction On Wednesday At The Parramatta District Court.

The man faced an appeal hearing on his conviction on Wednesday at the Parramatta District Court.

Moments later, the boy began to kiss her, to which she agreed, before she was raped over the course of two hours.

The court was told the girl said ‘stop, that really hurts’ up to three times during the ordeal.

Both the boy and his victim were 16 years old at the time.

Bellanto told the court that the girl did not immediately tell her friends what had happened and appeared to hold back, telling them she “could not remember” what happened because she was so drunk.

“She agreed that it wasn’t true, but that it was a ruse or some explanation to avoid blame, particularly for having slept with a young man whom she professed to dislike,” Bellanto said.

He said this was evidence that she wanted to “give a false impression” and damaged the girl’s “reliability and credit.”

“She didn’t go to school much because she knew the gossip at school was that she hated appellant, she wanted nothing to do with him, but at the same time she, we say, had a sexual encounter with him at the Halloween party. ‘ Bellanto said.

“Is he going to lose face or is he going to say ‘yes I did, but it wasn’t my fault, I was too drunk to remember what happened and I was taken advantage of’.”

Me Bellanto told the court that her client also asked the girl “is this okay,” which she said was “hardly consistent” with the intent to have nonconsensual sex.

He told the court that the girl was “conspiring” by fabricating a story that detracted from his reliability.

A Crown prosecutor told the court the woman made “numerous and significant concessions” during her trial testimony.

The court was told the woman was “often reluctant” to talk about what happened to her.

She said the Children’s Court magistrate had made comments about the teenager’s behavior while giving evidence at trial and found some aspects of his testimony “illogical”.

“His version of every aspect of the sexual encounter was instigated by the complainant and he sought his consent,” the prosecutor said.

“He was throughout confident, unwavering and personable, but he stuttered when he gave the answer, he was being too cautious with consent.”

She said the man tried to paint himself in a “sympathetic and more positive” light.

The court was also previously told that the man had shown no contrition or remorse.

Judge Baker will rule on the conviction appeal in 2023.

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Jacky

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