A young woman who claims she was gang raped at a Canberra unit had ample opportunity to flee the so-called hostage situation but chose not to, a barrister says.
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Katrina Musgrove said this was an obvious indication the alleged victim was lying when she said she was held at the unit against her will and forced into sex without consent.
The barrister is representing former rugby union player Simon Vunilagi in an ACT Supreme Court trial about the alleged assault.
Prosecutors say Mr Vunilagi was the ringleader among four men - the one who orchestrated getting the young woman to come back with the group to the Downer unit, ordered his co-offenders into a bedroom, ordered the young woman to perform sexual acts, and prevented her from leaving.
The young woman says she met the group at Mooseheads before she went with them to the unit.
Each of the men - Mr Vunilagi, 45-year-old Josefa Navunisinu Masivesi, 25-year-old Ratu Jone Pio Macanawai, and 22-year-old Isimeli Ilimeleki Natuwawa Vatanitawake - vehemently deny the accusations, and Ms Musgrove on Thursday said the alleged victim was a "poor historian".
She said her client was not "some sort of thug or standover man" forcing her rape, but rather, a man of good character who was very drunk when the young woman voluntarily performed oral sex on him.
Mr Vunilagi denies the oral sex escalated to intercourse.
"[The alleged victim] is such a poor historian and that is proven again, and again, and again ... her evidence doesn't make sense," Ms Musgrove said.
"Mr Vunilagi never threatened her. He was not holding her against her will, either at Mooseheads or at the house."
The barrister said if that was really the case, the young woman would have called triple zero rather than texted a friend "please help me" knowing she had no phone credit.
Ms Musgrove noted the young woman told a stranger after she left the unit that she'd feared for her life.
In prosecutor Skye Jerome's closing remarks on Wednesday, she said "that was a reasonable response" for the young woman not to call police, simply because it was her response.
The young woman earlier told the court she did not call police from the Downer unit because getting them involved was "the last thing" she thought about, and she just wanted to get home.
"It's quite a complicated lie to tell consistently well if it is untrue," Ms Jerome said on Wednesday.
"There is no blueprint or textbook reaction for a victim of sexual assault."
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On Thursday, Ms Musgrove said that despite the young woman's testimony she felt trapped at the unit, she also claimed to have come out of the bedroom and gone to the toilet twice.
In that case, Ms Musgrove said, she would have been within arm's reach of the front door on four occasions on her way to and from the bathroom.
"She just needed to reach out her arm," she said.
"She chose not to open that door. She chose not to flee."
The young woman earlier gave evidence she only escaped the house after she tied her hair up in preparation for a fight, and managed to push past both Mr Masivesi and Mr Vunilagi.
Submissions on Thursday marked the end of the trial, which has gone on for nearly three weeks.
Chief Justice Helen Murrell said she would strive to deliver verdicts by the end of next week.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
