A young woman lying on a bed with an older man on top of her says she was too scared to say the word “no”, but did not consent to having sex.
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The issue of consent will be at the forefront when Mount Beauty cricketer Ashan Ranaweera has his case for allegations of rape heard before a County Court jury.
Ranaweera, 44, was yesterday committed to stand trial following a two-day hearing in Wangaratta Magistrates Court.
Detective Sergeant Karlyne Carr told the court the victim, who cannot be named for legal reasons, had agreed to go to Ranaweera’s house.
“She was in and out of sleep on the couch before being taken to the bedroom,” she said.
The victim was awake during the sexual encounter.
“Her evidence was that she didn’t want it,” Sergeant Carr said.
“She was too frightened to verbalise her feelings because she was too scared of what the repercussions would be.”
The young woman called a family friend in the early hours of that morning and said “you won’t believe it, he’s raped me”.
“She said she wasn’t quite sure where she was … she was near the (Mount Beauty) library and someone was following her,” the friend told court yesterday.
It was at the hospital later that morning the victim told her friend she had just wanted to go to sleep, but had ended up curled up on the corner of the bed after the alleged rape.
“She went inside the house and before she knew it, she was in the bedroom,” she said.
“Then she realised what was happening, Ashan was on top.”
Barrister Charles Morgan argued Ranaweera could not have known the victim did not consent to sex as she had appeared calm when talking to him.
“She was totally conscious, aware he was removing her clothes and made no effort to prevent it,” he said.
“That lack of positive statement, or any statement, indicated there was consent.”
Ranaweera told magistrate Peter Mithen “not guilty, sir” when asked how he pleaded to the charges.
His bail was extended and he will next appear before a directions hearing in the County Court in July.
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