Man denies raping girls, 14 and 15, at party

UPDATE: Mitchell Benn Thompson told a jury he believed the two girls he had sex with at a party were 17.

He is accused of raping a 14 and 15 year old girl in a bedroom during a house party in mid-2012.

Thompson has disputed the two counts of rape, and alternative charges of unlawful carnal knowledge.

Today the 24-year-old gave evidence today in the District Court in Mackay that he did have sex with the two girls who were friends and arrived at the party together.

Under Queensland law they cannot be named and will be referred to as Girl One and Girl Two.

Thompson said Girl One, Girl Two and one of their friends had been running their hands over his chest and there was talk of a foursome.

When he was having sex with Girl One, her friend walked in during and kissed him. A threesome was suggested but the friend left and Thompson continued having sex with Girl One.

Later that same night, Thompson said Girl Two suggested they watch a movie.

They kissed in the hallway before going into a bedroom and having sex.

Thompson said at no point did either girl tell him no or say stop.

A friend of Thompson, who was at the party, gave evidence that when he asked the girls ages Girl One said 17 and Thompson was close by when this occurred.

Crown prosecutor asked if he'd ever asked Girl Two her age and he said no.

Thompson said he assumed all the girls were 17 because of what Girl One said.

He also thought they were 17 because they were smoking, drinking and dressed maturely.

He said he wouldn't have had sex with the girls if he'd known how old they really were. 


EARLIER: SEMEN found on a pillow taken from the room where an alleged rape occurred didn't match the DNA of the man accused of the offence.

Mitchell Benn Thompson has pleaded not guilty to raping two women during a party in mid-2012.

Under Queensland Law the two girls, then aged 14 and 15, cannot be named and will be referred to as Girl One and Girl Two.

It has been alleged Thompson forced himself on Girl One, and then later raped Girl Two on the same night.

However, defence barrister Scott McLennan has alleged the two girls willingly had sex with him.

Girl Two said she'd used a pillow to wipe herself after Thompson had ejaculated. He denied ejaculating.

The pillow gave a "positive presumptive test" for semen, which was sent for DNA analysis. The semen contained a "major" and "minor" DNA profile. The major profile didn't match Thompson or either girl, and the minor profile was unsuitable for comparison, the District Court in Mackay was told.

A DNA scientist said DNA matching Thompson had been found on the inside of Girl Two's underwear.

Mr McLennan asked if DNA could have been transferred if Thompson had ejaculated 30 minutes earlier and then had sex with Girl Two, or through pre-ejaculation.

The DNA scientist said it was "possible, yes".

Mackay Child Protection and Intervention Unit Detective Senior Constable Leisa Aikten said, under cross examination, Thompson had initially been charged with unlawful carnal knowledge.

The charges were upgraded to rape by the prosecution, the court was told.

Mr McLennan put it to both girls that during the night they'd said they were 17-years-old, but both said "no" and that they'd given their correct ages.

The trial continues today.

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