Newcastle District Court has heard a man, accused of sexually assaulting two women he met on Tinder, texted one of them to say he had "fun" a day after he allegedly attacked her.
Key points:
- Justine Kane Millington says both his alleged victims consented to sexual activity
- The Crown says there was no consent
- Mr Millington messaged the alleged victim to say he had "fun"
Justin Kane Millington, 49, is on trial in Newcastle District Court charged with sexually assaulting two women he met on the dating app Tinder.
Mr Millington is accused of raping one woman five times in 2020 around the popular Fernleigh Track near Newcastle.
The other alleged victim says she was sexually touched five times in 2021.
Senior Constable Kary Reid gave evidence today.
She told the court that the first alleged victim said Mr Millington texted her the day after she was allegedly attacked.
"Hi, it was nice to meet you yesterday and, yes, it was fun, but I think I'll keep looking, I hope you find what you are looking for too," the message read.
Bruising claim contested
A friend of the first alleged victim also gave evidence today and told the court her friend could barely talk when she described the alleged rape.
"She was always bubbly, but not this time, her eyes were puffy and it looked like she had been crying," the friend said.
"Her skin was pale, there was slight bruising on her arms, she was shaking and she broke down.
Yesterday a sexual assault doctor told the court there was no bruising on the woman's arms when she examined her for several hours.
Defence barrister Bill Hussey seized on that when cross-examining the witness.
"So you said there was slight bruising on the arm," Mr Hussey asked.
"Yes," the woman said.
Mr Hussey then made reference to the woman's physical strength and her involvement with the sport of powerlifting.
The court heard at the time the man allegedly had sexual intercourse with the woman, she could not push him off.
The woman's ex-husband also gave evidence.
He told the court his former wife was shaking when she described the alleged attack.
"She said she had been at the hospital and told me she got a rape kit," he said.
"Earlier in the day she met someone through Tinder, and they decided to meet and go for a walk, and she said she'd been assaulted."
"She was pretty shaken up; seemed upset and exhausted."
The case and that of the second woman hinge on the issues of consent.
The defence said there was consent and no crimes were committed, but the Crown disagreed.