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Pair found guilty of rape of schoolgirl

Two Canberra men have been found guilty of raping and sexually assaulting a drunk teenage schoolgirl at a Griffith unit last year.

An ACT Supreme Court jury deliberated for about eight hours to find Kevin O'Rafferty, 42, guilty of one count of sexual assault and Jason Dodd, 40, guilty of two charges of the same offence, including one of penetration.

But O'Rafferty was acquitted on a second sexual assault charge.

During the trial, jurors heard the 16-year-old victim had gone to Dodd's Stuart Flats unit with a friend on May 17 after a night drinking in Woden.

She fell asleep on the couch, only to wake to find she had been stripped semi-naked and Dodd, O'Rafferty and a third man, who was never found by police, were sexually assaulting her.

The girl was in shock, couldn't speak, and passed out again.


She awoke the next morning alone; in a bed in a spare room.

The victim reported the incident to police and went to the Canberra Hospital, where an examination found she had abrasions, trauma and extreme tenderness.

In an interview with police, she said she had felt ''extreme pain'' after the sexual assault.

She told officers she had known Dodd for about two months, stayed at his unit before, and he had been well mannered and very respectable.

But the men denied the alleged assault happened.

Dodd told the court the allegations were revenge for telling two girls they were no longer welcome in his flat.

He said he slept on the couch after a night of drinking and was woken up the next day by the girl's friend speaking loudly on her phone.

He angrily told the girls they were no longer welcome in his unit before going back to sleep.

Dodd claimed he last saw the alleged victim as she left to buy cigarettes.

Several experts were called upon to give evidence during the three-day trial.

A medical expert told jurors that the girl's allegations of a sexual assault were supported by the injuries found during an examination the next day.

A forensic expert told the court DNA samples taken from Dodd's underwear were 140 billion times more likely to have come from the alleged victim than from a random person.

But the witness said no DNA evidence was recovered from the girl or her clothing and there was no genetic material to link O'Rafferty to the alleged crime.

In final submissions, Crown prosecutor Sara Gul told jurors the evidence added up to a guilty verdict.

But the pair's defence lawyers said the lack of DNA evidence had raised reasonable doubt.

Justice John Nield on Monday thanked jurors for their service before sending them home.

He refused the pair bail. They will reappear for sentence on July 12.