A man is accused of raping a woman after she told him no when the pair were working together on Hamilton Island in 2020.
A man is accused of raping a woman after she told him no when the pair were working together on Hamilton Island in 2020.

Island rape trial: ‘I don’t know why she’s lying’

UPDATE: A man charged with raping a woman on Hamilton Island told police everything was "mutual", happened in the moment and accused her of lying, a court heard.

Jaspreet Singh Dua has pleaded not guilty to one count of rape on January 25, 2020.

It is alleged the pair had been drinking together before they went back to Mr Dua's unit where they kissed and began having sex before she said no.

Mackay District Court heard the woman repeatedly said no but Mr Dua persisted and raped her.

In a video of Mr Dua's interview with Whitsunday police, played for the jury on Wednesday, he told an officer "everything was mutual".

"I don't know why she's lying," Mr Dua said.

During the interview the officer said the woman, in her complaint to police, said Mr Dua had been forcefully having sex with her after she said no and it was starting to hurt.

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"No, I was just having sex she did not say anything," he said.

"I did not push myself onto her, I did not force her."

The court heard the woman told police, "I just kept telling (Mr Dua) no, I said no a lot, I'm not sure how many times" and that she had tried to push him off her.

Mr Dua said he did not ejaculate and his housemate had knocked on the door.

"We were both having sex, she did not say no," he said, adding when his housemate knocked on the door "everything was changed".

The officer told Mr Dua the woman alleged she had managed to push him off and get close to the door, to leave, when "he grabbed me again".

The court heard she alleged he put her face down and forced himself on her from behind.

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The court heard she alleged she was scared after he prevented her from leaving the room and thought "I'm just going to have to do what he wants".

"I don't know why she's lying, I don't know if she's embarrassed of me or something," Mr Dua said.

The court heard Mr Dua tell police he was not wearing a condom at the time.

Mr Dua also questioned why the woman did not talk to police or security on the same night or the next day.

"Why did she come after a week and put me in this situation that I didn't do?" Mr Dua said in his interview.

He told the officer everything happened in the moment.

He went on to say he had never in his experience asked a woman if she wanted to have sex

"That is not how it's meant to be according to me," Mr Dua said.

When the officer asked Mr Dua how it was meant to be, he said, "in the moment, everything happens in the moment" and if someone said no, they stopped.

Mr Dua was asked what happened if a woman was too uncomfortable to say no.

"How would I know, can I read her mind, I can't read her mind," he said.

"She never said no."

The officer questioned how Mr Dua knew the woman wanted to have sex if he could not read her mind.

"The moment, everything happened in the moment," he said.

"We were kissing and things go on and on and on."

The trial continues.

A man has pleaded not guilty to raping a woman on Hamilton Island.
A man has pleaded not guilty to raping a woman on Hamilton Island.

EARLIER: A man working on a popular Whitsunday island is accused of raping a young woman on his bed after she repeatedly told him no.

Mackay District Court heard the pair met when they were both working on Hamilton Island in 2020.

Jaspreet Singh Dua has pleaded not guilty to one count of rape on January 25.

"This case really is about no meaning no," Crown Prosecutor Elise Sargent said.

"The prosecution case is that although sex started with consent it was withdrawn."

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The court heard the two had been drinking together before the woman went back to Mr Dua's unit - they kissed and it led to them having sex.

"But ultimately something clicked, she didn't want to keep having sex with him," Ms Sargent said.

"He took her to a bed and he continued having sex with her and it was then that she told him no, she didn't want to.

"She was clear from that point that she didn't want to have sex and the (man) continued to penetrate her vagina without consent."

Ms Sargent said in her opening statement to the six-man, six-woman jury the woman told Mr Dua to stop.

"She pushed him and still he persisted," Ms Sargent said.

The court heard she freed herself and tried to leave but he allegedly picked her up and further raped her.

"Ultimately she was able to get off the bed and she got her clothing and she left the unit," Ms Sargent said.

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Six witnesses including the woman, her friends she told about the alleged incident and Mr Dua's roommate will give evidence during the trial.

The jury will also watch a video of Mr Dua's interview with the arresting officer.

The court was closed on Tuesday when the woman gave her evidence.

The trial, under Judge Paul Smith, continues on Wednesday morning.


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