Jury Convicts Woman of Lesbian Rape, despite Consent

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Lesbian rape, Anne-Marie O'Loughlin, Irish nurse, Prosecutor Chris Minnery, Consent, Judge David Reid, DNA,  Brisbane District Court, Brisbane's Caxton Hotel

O'Loughlin digitally raped woman in genitals and anus

An Irish nurse living and working in Australia has been found guilty of raping another woman in the toilets of a Brisbane hotel.

Following 13 hours of deliberation, the 12 jurors found her guilty of two counts of rape and the deprivation of liberty of a 34-year-old Brisbane woman who Anne-Marie O’Loughlin attacked at the Brisbane’s Caxton Hotel in the early hours of November 29 last year.

Crying as the verdicts were delivered, O’Loughlin was found not guilty of a fourth charge of sexual assault.

The five-day trial at Brisbane District Court heard that O’Loughlin had approached the woman in a cubicle of the toilet, and began to kiss her for up to three minutes.

Though the victim – who has not been named – consented to the kiss, she said she didn’t consent to O’Loughlin pulling up her clothes and touching her breasts, and also said she did not consent to being digitally penetrated in the genitals and anus.

Though the victim consented to the kiss, she said she didn’t consent to being digitally penetrated in the genitals and anus.

When the victim had tried to leave the cubicle, O’Loughlin grabbed her by the head and pulled her back inside. While the victim admitted she had not given any verbal indication that she did not consent to O’Loughlin’s actions, she said she had pushed the Irishwoman’s hands away, resisted her attempts to pull down her jeans, and had tried to call for security.

Victim did not say ‘no’

While the victim admitted she had not given any verbal indication that she did not consent to O’Loughlin’s actions, she said she had pushed the Irishwoman’s hands away.

On Wednesday the jury was shown a video interview given by O’Loughlin in which she admitted she may have kissed the victim – though she had no memory of doing so – but said she was “shocked” when she was accused of “touching her [the victim] up”, adding that it was not in her nature to force someone to have sex with her.

Ms O’Loughlin, who often mentioned having a boyfriend during the interview, said the first she knew of the alleged attack when the so-called victim’s “boyfriend or husband”’ confronted her outside the hotel.

“I remember him accusing me (of sexually assaulting his partner) . . . a couple of times . . .  (and) saying I wouldn’t get away with it,” Ms O’Loughlin says in the interview with police.

“I was shocked, extremely shocked. I’ve never done anything like that ever, ever, ever.

“I’ve never done anything like that in my entire life and can’t see myself changing . . . full-stop.”

She admitted in that interview, though, that she had woken up in bed alongside “three or four” women in the past.

She told investigating officers: “It’s not common. Don’t make it sound like I’m a complete sleazebag. It’s happened about three or four times on different nights.

O’Loughlin’s barrister had put it to the jury that it was possible the victim had consented to the incident, but had made a false complaint to police about the incident, after she became remorseful of her actions when her husband learned of them.

The victim conceded under cross-examination that she had not screamed “no” or “don’t do that” but said she had pushed O’Loughlin’s hands away, pulled up her jeans while O’Loughlin tried to pull them down and yelled for security.

The court heard evidence that he victim’s husband became extremely upset and agitated at the hotel after his wife emerged from the toilets and she revealed what had happened. He said she was “a nervous wreck” following the incident.

He was the one who called police and tried to detain O’Loughlin outside the hotel, yelling that she had “molested my wife”.

Prosecutor Chris Minnery argued O’Loughlin had lied to police and told the jury DNA found under three of her fingernails linked her to the woman.

He said the complainant had given “frank” evidence and other witnesses had testified she was immediately upset when she emerged from the toilets.

O’Loughlin, who had been working as a registered nurse while in Australia, was remanded in Australia on a criminal charge visa, and would have returned home on Monday if she had been acquitted.

On the request of O’Loughlin’s barrister, Judge David Reid agreed he would seek a psychological report on O’Loughlin before agreeing a date for sentencing.

The trial was adjourned until Friday, when a date for sentencing will be set.

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