'Fantastic sexual invitation' claim was nonsense
AN ENGAGED man raped a woman then claimed she gave him a "fantastic sexual invitation".
A new Queensland Court of Appeal judgment said the incident happened after a night of drinking, taking ecstasy and more drinking at Mooloolaba.
Sunshine Coast man Christopher Andrew Bevinetto's fiancée walked in on him raping the woman.
The victim "had a big night and day and wanted to go to bed," Justice Walter Sofronoff said in the new judgment.
"Her leg began jolting up and down nervously, perhaps as a result of the drug that she had taken."
She said Bevinetto touched her genitals through her underwear and she told him: "Just don't, stop."
But Bevinetto persisted with his advances, the appeal court said.
He tried to kiss her, then followed her to a bedroom.
The woman said she later woke up and Bevinetto's fiancée was yelling: "Chris just tried to rape you. Call the police."
However, Bevinetto's fiancée insisted she never used the term "rape", instead telling the other woman: "He was having sex with you."
The fiancée immediately punched Bevinetto in the face, giving him a black eye, and said: "Are you f***ing kidding me?"
Later, at the end of the Crown case, the defence formally admitted the man put his penis in the woman's vagina.
Jurors at Maroochydore found Bevinetto guilty of rape, but he appealed against the conviction.
The new appeal court judgment said Bevinetto's defence counsel claimed the woman was repeatedly "flirting" with Bevinetto.
"No detail of this 'flirting' was put to the complainant for her response," Justice Sofronoff added.
"He volunteered a vivid and fantastic sexual invitation from the complainant that had not been put to her."
And the defence gave no explanation how this "flirting" could have happened without Bevinetto's fiancée noticing.
Bevinetto's defence claimed his fiancée was prone to jealousy but did not notice these supposedly flirtatious acts.
The appeal was dismissed.