Sexual activity between Majak Daw and the girl who has accused him of rape was “utterly consensual”, the AFL footballer’s lawyer has told his trial.
The girl, then 15, told Daw she really wanted sex acts with him, Daw’s defence lawyer David Sexton told his client’s rape trial in Victoria’s County Court on Tuesday.
“Yes it happened. But it happened with her agreement, her consent,” Mr Sexton said of the incident on the bank of a creek in Melbourne’s west in March 2007 when Daw was 16.
“The complainant … was very much wanting it to happen, and let Mr Daw know.”
Mr Sexton said the consensual sex acts did not include intercourse.
But prosecution lawyer Andrew McKenry told the jury that Daw, now 24, is facing three charges of rape because he used force on the unwilling girl after leaving a house party to go for a walk with her.
Mr McKenry said one of the charges related to Daw having sexual intercourse with the girl as he held her arms above her head.
“She was extremely scared and said ‘get off me’ and the accused patted her on the face and said ‘It’s going to be okay’,” Mr McKenry said.
The girl told police in July 2007 she had been raped but later said she would not pursue it.
She contacted police again in March 2014 and Daw was charged.
Mr Sexton said the trial would hinge on the credibility of the girl and one of her friends, who will be called as a key witness after seeing the final moments of the alleged rape.
The friend went looking for the girl after allegedly hearing cries and noticing the girl was missing from the party.
Mr McKenry said the friend found Daw on top of the girl, and he ran off after she threw a bottle and shone a light from her mobile phone.
The trial before Judge Mark Dean continues.