A Canberra jury has been told it must decide if a man intended to rape a woman he met on a Sugar Daddy website, or was merely “hoping to get lucky”. \u00a0The 24-year-old woman had told Juswan Mokmargana she was not interested in a sexual relationship, but she did agree to travel from Sydney to Canberra with him for an overnight stay.<\/p>\n
Mokmargana, 46, was later arrested after the woman complained to bar staff at a pub she thought her drink had been spiked.<\/p>\n
The ACT Supreme Court heard that Viagra, an empty packet of the drug Stilnox, condoms and two rings were found in Mokmargana’s bag.<\/p>\n
In final submissions, Mokmargana’s lawyer James Stewart told the jury there was no attempted rape.<\/p>\n
He said, instead, it was rather the pathetic hope of a man in his mid-40s who thought the 24-year-old would agree to have sex with him.<\/p>\n
“There’s nothing sinister about a single guy in his 40s travelling with Viagra and condoms,” Mr Stewart said.
\nHe said those items did not make up the “rape kit” described by the prosecution.<\/p>\n
“Can I suggest it’s a hopefulness kit … it’s just hoping to get lucky,” he said.<\/p>\n
He also pointed to the rings found in the bag.<\/p>\n
“If you are going to rape someone why on Earth would you bring an engagement ring?” questioned Mr Stewart.
\nHe said the fact Mokmargana had taken the drug himself also points to his innocence.<\/p>\n
‘He knew she would not consent’<\/p>\n
But prosecutor Emilija Beljic told the jury Mokmargana’s account about having the Stilnox for himself did not make sense.<\/p>\n
“If you were to accept the accused’s version, he would be an unlucky man to be caught by police trying to knock himself out in the middle of a pub, and with a guest,” Ms Beljic said. \u00a0“My submission to you is that he knew [the woman] would not consent to the sexual intercourse and that is why he had the Stilnox.”<\/p>\n
Ms Beljic said to prove the attempted rape charge, she had to show Mokmargana’s actions went beyond mere preparation.<\/p>\n
She pointed to his touching the woman repeatedly as seen in CCTV footage at the bar, spiking her drink, stirring it and testing it while she was in the bathroom.<\/p>\n
Ms Beljic said he also encouraged her to keep drinking which was a sign he had done more than just prepare, and was guilty of attempted rape.<\/p>\n
But Mr Stewart said the prosecution was trying to use a crystal ball.<\/p>\n
“This behaviour was just at the preparation stage,” he said.<\/p>\n
The jury has retired to deliberate.<\/p>\n
By Elizabeth Byrne<\/p>\n
Source:\u00a0abc.net.au<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"