Former Australian Defence Force Academy cadet Harlan Agresti is facing trial for a second time accused of raping a colleague who was allegedly too drunk to give consent.
Agresti, 23, is alleged to have sexually assaulted the woman after a night out drinking with other cadets.
The ACT Supreme Court today heard a taped interview with the alleged victim in which she said she had been drinking at two bars, when she became so drunk she realised she needed help.
“I told Agresti I could not see and I needed to go home,” the woman said.
The woman said she had tried to text another friend but could not see well enough to type the message properly.
She said her memory was intermittent with snippets, which include waking to find Mr Agresti on top of her kissing her.
“I don’t remember how that started,” she said in the interview.
“I just have snippets of memory of us having sex.”
She said the pair later agreed to keep it secret and she had resolved not to tell anyone.
“I would not under my normal character have slept with Agresti,” the woman said.
The woman said she later became annoyed when she realised other people had heard about their encounter.
Prosecutors told the jury the effect of her intoxication was so substantial she could not consent and the accused knew that was the case.
Issue whether Agresti ‘believed he had consent’
Mr Agresti’s lawyer Philip Dunn told the jury he did stupidly tell people about the encounter.
But he said the real issue was whether there was consent and whether Mr Agresti believed the woman had consented.
Mr Dunn said there were many questions about rumours about the incident which may have upset the alleged victim.
He also raised questions about the fact the woman did not report the incident for 14 months.
“Do memories alter over 14 months and does it change if you have a certain view about things?” he asked.
He said he would seek to show why the jury should have reasonable doubts about the charges.
The trial is expected to run for three or four days.