Sydney Man Accused Of Rape At Oxford Street Club
Image: NSW Police Force/Facebook
A Sydney man is facing two rape charges after allegedly assaulting another man at an Oxford Street club in 2024.
As per reporting from the Sydney Morning Herald, 47-year-old David Charles Massa has been accused of two counts of sexual intercourse without consent in the smoking area of Universal Sydney on Oxford Street in the early hours of June 1, 2024.
Crown prosecutor Matthew Harper told the Downing Centre jury on Monday that the alleged victim and his girlfriend had eaten dinner at Beresford Hotel in Surry Hills on the evening of May 31, moving to Universal at about 9:45pm.
Massa, who was a stranger to the complainant at the time, was socialising at the venue.
The jury were played CCTV footage that shows an interaction between the pair at about 12:45am, involving the complainant kissing Massa’s hand and inviting him to join him and his girlfriend in the smoking area.
Harper alleges Massa flirted with the complainant which he “politely declined”, before Massa allegedly reached his hand around and down the back of the man’s underwear, and sexually assaulted him without consent.
“It is the Crown’s case this occurred suddenly and unexpectedly and caused the complainant pain,” Harper said.
Massa is then accused of staring at the complainant while performing a graphic act the SMH chose not to describe.
Complainant attended hospital the following day
The prosecutor said he expects the complainant will give evidence that the sexual assault occurred another two or three times, although the CCTV footage only seemed to show it happening twice. The court heard he had drunk four to five beers at the venue.
The alleged victim will testify he moved and sat away from Massa, who followed and sat beside him. At one point, Massa allegedly gave the man a kiss on the lips which was not reciprocated.
When the complainant and his partner left the venue, the man allegedly told his girlfriend about the sexual assault.
He allegedly woke in pain the following morning, and spoke to his partner further about the assault. Later, he attended hospital where he was examined and DNA swabs were taken.
Massa voluntarily attended Surry Hills police station after being contacted by police, and denied there was any non-consensual touching.
In her opening submission, defence barrister Nicole Carroll said CCTV footage showed the pair “socialising and being friendly”, and later described their manner was “flirtatious”.
“There were moments during the evening where we would say the two men were flirting with each other, in the sense they were intimate, ie kissing or touching each other at certain times,” Carroll said.
“The accused’s case is that on the occasions that the accused was close to the complainant, he was responding appropriately to the attention given to him by the complainant and vice versa.”
The court heard the alleged victim’s partner and a forensic biologist would testify.
Massa has also pleaded not guilty to two counts of sexual touching without consent, which are back-up charges to the two charges of sexual intercourse without consent.
The trial is expected to continue for another three to four days.
You are not alone. If you or someone you know has experienced sexual or family violence and needs support, you can contact:
- 1800RESPECT: 1800 737 732
- Lifeline: 13 11 14
- LGBTQ+ Rainbow Sexual, Domestic & Family Violence Service Help Line: 1800 385 578
- NSW Mental Health Access Line: 1800 011 511
- Alan Beyond Blue: 1300 224 636
- Suicide Call Back Service: 1300 659 467
- Mensline 1300789978
- Alcohol and Drug Information Service: 1800 250 015
- QLife (3pm to midnight): 1800 184 527
- 13YARN (Aboriginal and Torres Strait Islander line) – 13 92 76
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