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giovedì 1 settembre 2016

Former footballer raped a sleeping woman at Halloween party

FORMER South Adelaide footballer Nicholas Lionel Murphy raped a sleeping woman after she had attended a Halloween party dressed as a zombie schoolgirl, a court has heard.
The District Court has also heard that, after the former SANFL player drank alcohol, used cocaine and sexually assaulted the woman, he asked: “Have I made you feel uncomfortable?”
Opening the trial on Wednesday, prosecutor Julie-Anne Lake suggested jurors would have little trouble convicting Murphy of rape.
She said the woman’s DNA had been found under Murphy’s fingernails, and that she had at no time consented to his sexual acts.
“Just because a person doesn’t physically resist doesn’t mean they are consenting,” she said.
She was asleep at the time Murphy had sex with her — she was incapable of consenting, she could not have consented, she did not consent.
“Murphy knew that she did not consent and, at the very least, was recklessly indifferent to her consent.”
Murphy, 27, of North Adelaide, has pleaded not guilty to having digitally raped the woman, 20, at North Adelaide on November 1, 2014.
On Wednesday, Ms Lake said Murphy was at a North Adelaide address with two other women when his friend, Christopher Ash, brought the alleged victim inside.
“(The night before) being October 31, she went to a Halloween party at a friend’s house, dressed as a zombie schoolgirl,” she said.
“About 12am she left the party with friends and went, via taxi, into the city to Red Square, where she drank alcohol and also had some ecstasy.”
She said the woman met Mr Ash and, together, they attended the Adelaide Casino before she accompanied him to the North Adelaide address “just before 6am”.
The group had more to drink, played Nintendo, listened to music and, at some point, had cocaine,” she said.
“She twice had consensual sex with Mr Ash ... after the second time, Murphy came in and lay down next to her (on the bed).
“He was called away and (the woman) fell asleep ... the next thing she recalls is waking up (being raped).
“She moved away toward Mr Ash, who was sleeping next to her and Murphy left the room ... he returned, got in the bed and attempted to hug her.
She pushed him off, he asked ‘have I made you feel uncomfortable?’, she replied ‘yes’, grabbed her clothing and left, extremely upset.”
Ms Lake said jurors would also hear evidence from the woman’s friend, whom she called after the rape, and North Adelaide residence who witnessed her distressed state as she left.
The trial, before Judge Geraldine Davison and a jury of four men and eight woman, is expected to run for four days.

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