A UNSW student at the university’s Randwick campus who allegedly raped another while she was passed out and had vomited has been granted strict conditional bail.
Arshdeep Singh Bhogal, 21, says the sex was consensual with a Randwick campus student in January following dancing and a “drinking session”, the NSW Supreme Court was told on Wednesday 14 July.
But the Crown alleges the complainant awoke to find Bhogal inside her, with two open condom wrappers on the ground, crown prosecutor Anthony Brookman said.
After asking what happened he allegedly told her “I don’t remember much but we had sex … it wasn’t good nobody finished”.
The Crown said it has a strong case to back up the charge of sexual intercourse without consent, given Bhogal acknowledged he had to “clean up sandwich off the floor,” after the woman threw it up at some stage.
Other friends who were drinking with the pair say the woman intended to go to McDonald’s at the end of the night, but got a sandwich from her room instead, showing a high level of intoxication, Mr Brookman said.
“The complaint was intoxicated to a degree … she was not able to consent and the applicant knew these things,” the prosecutor said.
Bhogal’s defence lawyer argued while the woman was sick she did not pass out and did agree to have sexual intercourse.
The complainant then allegedly approached Bhogal three times later asking what had happened between them.
“Her position effectively is ‘I don’t remember what I don’t remember but I think something happened, tell me what’s going on’,” David Price said.
It “beggars belief,” there has since been an AVO taken out against the high-achieving student given he had not approached her once following the event, he said.
Bhogal remained on campus for three months after the alleged incident and did not speak with any of the witnesses, so there was no fear he would interfere or tamper with their evidence, Mr Price submitted.
Justice Robert Allan Hulme said while the Crown case was reasonable it was difficult to predict how a jury would interpret the evidence.
“There has been no suggestion made as to the motive she might have in being untruthful in raising such allegations,” Justice Hulme said.
“The matter is affected by the complainant and the applicant both being intoxicated at the time, which has a bearing upon their respective recollections of the events.”
The judge granted Bhogal strict conditional bail including that he resides in Penrith, reports daily to police and stays at least three kilometres away from the university campus.
AAP
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