Prosecutors have been accused of launching a “ferocious attack” on a former ADFA cadet accused of raping a colleague allegedly too drunk to consent.
Prosecutor Rebecca Christiansen told the court the allegation stemmed from a night out drinking, where the woman had become so drunk she could not see.
A text message she had sent to a friend at the time was used as evidence of her condition.
The group had been at one pub and moved to another, before Agresti offered to take the woman home in a taxi.
At ADFA they were seen going into her room, with one witness saying he saw Agresti shut the door in breach of the rules.
Ms Christiansen said the woman’s evidence was that her mind was so blurry she could not remember much of the incident and had to check her sheets the next day to confirm what had happened.
“It’s entirely consistent with her being substantially intoxicated the night before, so intoxicated she was unable to consent to intercourse,” she said.
“From the very beginning [the victim] has given a plausible … honest account.”
But Agresti claimed the woman initiated the encounter.
‘Amber lights’ around victim’s account, lawyer says
Agresti’s lawyer Philip Dunn told the court he was an 18-year-old who thought he got lucky, and labelled the prosecution’s case “misleading”.
“There has been a ferocious attack – this man has lived every young man’s worst nightmare,” he said.
He also questioned the woman’s evidence, in light of the fact she did not complain for more than a year.
“There are amber lights about her evidence that caution you about what she said,” he said.
Mr Dunn pointed to text messages between the pair immediately afterwards when she made arrangements for Agresti to collect his watch.
And he drew attention to an agreement between the pair to not tell anyone.
“These two people reached an agreement that what they had done would be kept a secret,” he said.
“Is that the comment of somebody who thinks they have been assaulted, abused, or is that a person who’s had friendly contact?”
He suggested she had raised the issue because of rumours about her and Agresti.
“Her defence to the rumours is that I was drunk,” Mr Dunn said.
“She didn’t like being described as a stargazer, or starfish … or a bad root.
“Regretting sex when you have been drinking is not rape.”
Agresti ‘knew of victim’s intoxication’
But Ms Christensen said Agresti showed a consciousness of guilt, telling the first person he saw despite agreeing to keep the encounter secret.
“What the accused is doing in his evidence is attempting to shift the blame,” she said.
“Mr Agresti will have you believe she was the one who initiated it.”
Ms Christensen said he knew about her level of intoxication and that she was so drunk she could not respond.
“He described those sex acts in those crude words because he wanted to show off to his mates,” she said.
“He knows he has just had sex with a woman who was too drunk.”
Mr Dunn told the jury his client had not been that cunning.
“If he thought he’d done nothing wrong why did he tell the first person he saw?” he asked.
It is the second time Agresti has been tried for the crime.