IT MIGHT seem unusual for a rape charge to arise from an incident in a brothel, the District Court heard yesterday.
But the Crown Prosecutor, Mark Tedeschi, QC, told the court that sex workers were entitled to set conditions on their sexual encounters – just like everyone else.
The trial began yesterday for a US Navy serviceman accused of sexually assaulting a prostitute at a Potts Point brothel.
Timothy Davis has pleaded not guilty to a charge of sexual intercourse without consent, aggravated by causing the woman actual bodily harm.
Mr Davis also denies an alternative charge that, with intent to have sexual intercourse, he recklessly inflicted actual bodily harm on her.
The court heard that Mr Davis was on shore leave last October when he visited the brothel.
Neither the prostitute nor the brothel can be identified for legal reasons.
In evidence the woman recalled that near the end of the half-hour session, Mr Davis became violent and removed his condom.
”I started freaking out,” she told the court. ”[He] put me in a headlock, started suffocat- ing me with the pillow … I thought he was going to snap my neck.”
She said he had sex with her as she struggled. Afterwards, she felt ”happy to still be alive”.
The Crown alleged that Mr Davis was determined to have unprotected sex, even though he was told that sex with a condom was a house rule.
Counsel for Mr Davis, Colin Heazlewood, said his client used a condom at all times.
The trial continues.