An Illawarra McDonald’s restaurant worker has told a District Court jury how he ‘‘couldn’t talk ... couldn’t walk’’ during an alleged sex assault at a drunken 2011 Christmas party in the home by his crew trainer.
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The teen claims the older staffer greeted him at the party with six cans of vodka mixers, as he had requested, as well as a surprise 700ml bottle of vodka delivered with some seemingly good news: ‘‘You don’t have to pay me for it’’.
The teen, now 19, alleges the then 21-year-old host later performed uninvited fellatio on him while he was ‘‘paralytic’’ drunk and passing in and out of consciousness.
He is one of two alleged victims in court proceedings against the man, who has pleaded not guilty to one count of sexual intercourse without consent and three counts of assault with an act of indecency.
The teens were aged 15 and 16 at the time of the alleged assaults.
The older teen alleges the man stroked his penis before performing fellatio at the 2011 party; the other claims the accused crept into his bedroom while staying the night at his house in August 2012 and touched his thigh and tried to remove his underwear.
At the Downing Centre court complex in Sydney on Thursday, the older teen told jurors he formed a social relationship with the man and at first received ‘‘friendly mate (text) messages’’ from him.
But these later progressed to ‘‘constant’’ unwelcome inquiry about the size of his penis, he claimed.
Other messages focused on his sexual activity with his girlfriend, his masturbation habits, and requests to send explicit photos for money.
‘‘He started asking me about the gym and how my body was coping and developing ... He asked me to give him photos ... [for] $5 or $10.’’
The teen said the accused helped him into the accused’s bedroom the night of the party after he drank the six mixers and more than a quarter of the bottle of vodka.
He described seeing the accused reappear at the bedside and said he knelt down and rubbed his leg, then his penis.
‘‘He looked up to see if I was awake and he (performed fellatio),’’ the older teen said.
‘‘I couldn’t talk ... I couldn’t move... I blacked out again.’’
He told the court he woke when his mother phoned to pick him up later that night.
He continued to see the defendant at work and would sometimes accept lifts from him.
Later he disclosed the alleged assault to colleagues and to a friend who inquired about him being ‘‘down and depressed’’.
‘‘I didn’t want to accept what happened to me at the Christmas party so I bottled it up and didn’t tell anyone,’’ he told the court.
Earlier in proceedings, the accused’s defence lawyer called on the younger teen to explain why he appeared to maintain a friendship with the man after the alleged assault, accepting lifts to and from work, accompanying him to the gym, socialising together and accepting his offer of driving lessons.
The younger teen also declined to disclose the alleged assault when ‘‘specifically’’ asked by an area manager during a November, 2012 meeting, the defence noted.
But the younger teen defended his silence.
‘‘I was halfway through my shift and [the defendant] was right outside the room, and the area manager was openly gay,’’ he said.
The teens told one another of their allegations in December, 2012, and one of their mothers drove them to Lake Illawarra police station the following day to make statements.
The younger teen’s mother told the court she had no concerns about her son’s relationship with his older colleague until the boy made the allegations.
‘‘[The accused] was in a heterosexual relationship, so no,’’ she told the court.
The trial, before Judge Sarah Huggett, continues.