The jury in the rape trial of Sunshine Coast doctor Yohannes Abate Faris has retired to consider its verdict after hearing closing statements from the prosecution and defence.
Dr Faris, 45, is accused of raping a woman following a dinner date on the evening of March 13, 2022.
It was the pair’s first date after connecting on a Christian dating site eight days earlier.
Dr Faris has pleaded not guilty to five counts of rape.
Today the jury of 10 women and two men were given directions of law by District Court Judge Gary Long before retiring to consider their verdict.
Judge Long reminded the jurors the prosecution’s case was to prove that consent was not given by the alleged victim.
On Friday he directed the jury to apply a not guilty verdict to two of the five rape charges due to lack of evidence.
In summing up the case, the prosecution told the jurors they could rely on the complainant’s version of events.
Prosecutor Annica Fritz told the jury that the alleged victim “made it clear” to the accused that “she was a virgin and didn’t want to lose her virginity until marriage” due to her “strong Christian faith”.
“[The complainant] said she thought she could trust the defendant,” Ms Fritz told the jury.
Accused ‘believed it was consensual’, court hears
Last week the jury viewed electronic correspondence between the woman and man before their first meeting that included discussions about intimacy.
In his closing statement, defence barrister Liam Dollar told the jurors they should acquit the accused of the remaining three charges of rape.
“[He] honestly believed it was consensual,” Mr Dollar said.
During the address the barrister revisited text messages between the man and woman that were exchanged in the days leading up to their first date.
He told the court that the messages showed that intimate acts of a sexual nature were discussed and that there was a shared belief that sex could eventuate.
Mr Dollar told the court that the messages indicated that “marriage was not an immovable line” for the alleged victim.
He told the court the alleged victim had spoken about crossing “boundaries”.
‘Presented himself as a gentleman’
On Friday the court heard from three witnesses and watched a video of the accused telling police that what happened was consensual.
The court heard the woman called her church pastor after the incident and told him, “he has attacked me” before phoning police.
The pastor, who appeared via video link, told the jury he was in contact with the alleged victim throughout the day when the alleged incident took place.
Ms Fritz asked the pastor, who had known the woman for eight years, how the alleged victim described the encounter.
He told the court that the woman said Dr Faris “presented himself as a gentleman” when she met him for dinner.
But she later told the pastor that the accused “turned out to be a real jerk and I’m such an idiot” and that she was going home.
He told the court he said to the woman, “you need to hang up and call the police”.
The court heard that after contacting police, the woman attended Nambour General Hospital for an examination by a forensic nurse and the following day gave a statement to police and took part in a recorded phone call with Dr Faris.
Prior to a forensic nurse examiner giving evidence on Friday, Judge Long instructed the 12 jurors that they should direct “no more or less weight” to the witness’s testimony.
The nurse explained to the court that she conducted a sexual assault assessment with the complainant in the early hours of March 14.
The nurse told the jury that the alleged victim told her she had consented to kissing and cuddling but had told Dr Faris to stop on the night of the alleged incident.
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