An Illawarra teenager has undergone a medical procedure to find out whether her friend raped her, only for the test to also catch out another teen for the same crime.
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The teen told police she had “no idea” why the test found the second teen’s DNA in her intimate areas, as she had not given anyone permission to have sex with her that weekend.
The second teen, a minor, pleaded guilty to sexual assault without consent and has been dealt with in the children’s court. He cannot be identified due to his age.
Last week Trey Banks of Warrawong also pleaded guilty to illegally interfering with the girl on the same booze-clouded night in early 2017, when he was 18.
Wollongong District Court heard the trio spent that afternoon drinking at Banks’ older boyfriend’s Wollongong apartment, with Banks and the girl quickly becoming drunk on vodka shots.
The second teen and Banks’ boyfriend remained awake, watching TV in a lounge room as the other two retired to a bedroom.
The girl later told police she awoke to “someone having sex with her”, and saw Banks on top of her, before she passed out.
Later that night she told the second teen she was “freaking out” and that “I just woke up to Trey having sex with me”. She realised she was not wearing underpants and refused to return to the bedroom where Banks remained.
In the morning she told the second teen she was bleeding and was hurting all over.
The three teens went out for breakfast and on the way the girl confronted Banks about the assault, which he denied, telling her, “if I did I have just ruined my relationship” and “I can’t believe I just did that”.
The girl’s father later took her to the hospital, where she underwent an examination using a sexual assault investigation kit, which identified sperm containing the DNA profiles of at least two people.
The girl told police she had never had consensual sex with the second teen and couldn’t explain the results incriminating him.
Banks was interviewed by police and initially denied any assault.
In a later interview, he told police “I pretty much remember being on top of her, that’s all I can remember”.
He admitted intercourse, but said the girl had “grabbed me down the private areas” and that “she was willing”.
Asked whether he had the girl’s consent, he replied, “yes”, then covered his face and added “but I don’t. God, I can I just stop this please”, and ended the interview.
He pleaded guilty in Judge Andrew Haesler’s court on November 3.
Banks is to return to court for sentencing on April 26.
Angela Thompson
Proudly Illawarra Mercury since 2008; these days covering crime and justice issues. UOW alum. Thrilled by the chase and sobered by some of the things I see and hear when I stand still - sometimes in the same day. ang.thompson@austcommunitymedia.com.au
Proudly Illawarra Mercury since 2008; these days covering crime and justice issues. UOW alum. Thrilled by the chase and sobered by some of the things I see and hear when I stand still - sometimes in the same day. ang.thompson@austcommunitymedia.com.au
