Consent not given to convicted rapist
A CONVICTED rapist's attempt to have his guilty verdict overturned by appeal in the Supreme Court of Queensland has been quashed.
The convicted man, who cannot be named to protect the victim, raped a woman after a night of drinking.
The woman, who had just flown in from New York, was out with her family at a Coolangatta establishment in April 2009.
She had returned to Australia to have surgery for endometriosis, polycystic ovarian cyst syndrome and complications associated with that illness.
Court documents revealed the woman returned to a friend of her sister's apartment, where the party continued.
She woke in the morning with her pants down and the now-convicted rapist naked, wrapped in a sheet near her.
The police were called and she had a physical examination, which found she had injuries from recent sexual intercourse.
But the victim gave evidence she had abstained from intercourse for the previous three months due to her illness.
The man was found guilty of rape by a jury after a three-day trial in October 2012.
The appeal was rejected on grounds the evidence was strong and proved the victim was coherent enough to remember if she had consented to sex.