Man who tried to rape deaf woman said she was not that drunk
A ROCKHAMPTON man has unsuccessfully argued his deaf victim only claimed she drank a full carton of rum and coke to make herself out to be "far more drunk" to explain away inconsistencies in her story.
Prince Edgar Oakley was convicted in June last year of assault with intent to rape a 22-year-old girl who had been deaf at age two or three, had difficulties with lip reading and only limited ability to speak.
The woman, who told police she believed she had consumed 30 to 36 cans, met the man she claimed she did not know while her friends and family were fishing off a bridge over the Fitzroy River.
She testified during a trial that her friends left and when she tried to leave, Oakley kept following her.
The woman testified he tried to force her to perform sexual acts on him despite repeated refusals.
She said he held her on the ground, kicked her ribs and abdomen, and pushed her into the road causing an injury near her eye.
The woman said she got away, found a hiding place and then went back to the bridge where police picked her up in the morning on April 9, 2010.
Oakley argued in the Queensland Court of Appeal that there were some "simply implausible" elements to her story and huge inconsistencies that meant his convictions should be overturned.
He also pointed to inconsistencies with her injuries and the time gap for police finding her when he handed up an extensive summary of alleged inconsistencies and contradictions.
But Justice Philip Morrison, in a decision handed down on Friday, said the victim had explained most of the discrepancies in her evidence and a jury was open to accept those explanations.
He said the woman's account of how she was attacked was "entirely consistent".
"In my opinion it was open to the jury to accept and act upon that core consistency of the complainant's evidence, supported by her early complaint, and supported by the medical evidence," he said.