A Shellharbour clothing store owner has been acquitted after being accused of raping his former employee half his age following a four-day trial.
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Eleven jurors took only an hour and a half hour to return not guilty verdicts to six charges of having sexual intercourse without consent, including depriving the liberty, of the woman in the shop storeroom and after a work Christmas party in 2020.
One juror was a close contact of a COVID case and was required to isolate prompting Judge Andrew Haesler to discharge him on Monday morning.
The jurors retired to consider their verdict on Monday afternoon following closing arguments from the Crown and defence barrister.
Brooks, 39, pleaded not guilty to all counts, claiming he had a consensual affair with the then 19-year-old woman.
The Crown alleged Brooks raped the woman in the storeroom twice following two shifts they had worked in June 2020, then in a Flinders sporting field after a work Christmas party on December 14 then about a week later in the storeroom again.
Crown prosecutor Timothy George asked jurors to find the woman was a "thoughtful and honest witness" when she gave "detailed" and "consistent" evidence, adding she was "unshaken" during cross examination.
Mr George asked the jury to consider the woman's demeanour as she described each alleged sexual assault.
"Throughout [her] evidence, I submit to you, she was an honest witness, in parts you might think brutally honest, on matters against her interest. Matters you think strange in the circumstances of her allegations," he said.
The court heard the woman sent Brooks images in various stages of undress and told police she gave off the impression of satisfaction during the alleged sexual assault after the Christmas party.
Mr George suggested this was because the woman was being "truthful".
He added at times she was teary when giving evidence, especially when describing how the alleged assaults occurred and what she was feeling at the time.
Mr George reminded the jury the woman had told her friend, ex-boyfriend and mother about the alleged sexual assaults before she reported the allegations to the police on February 8, 2021.
Mr George suggested Brooks' evidence, which he gave on Friday, did not make sense before reiterating to the jury what the woman said, "no" or made excuses during the alleged sexual assaults in the storeroom and at the field.
Defence barrister Caitlin Akthar told the jury the woman had been inconsistent when providing dates of the alleged rapes when she made statements to the police.
She said the woman had in three of her statements that Brooks had allegedly sexually assaulted her in June, in September and two times in December 2020; but two weeks before the trial made another statement saying there was no assault in September but rather two in June.
"We never really got to understand why that might have been," Ms Akthar said.
Ms Akthar said the woman and Brooks had shared common interests including comedians, gaming and jujutsu; noting they continued to play a video game online after Brooks had allegedly raped the woman.
Ms Akthar said the woman had conceded she had an opportunity to leave the sporting field during cross examination but she rather went with Brooks to the field, stayed with him then travelled in a taxi which took them to their homes.
"She went with the accused because of the relationship that they had together because they did sometimes engage in consensual sex...that's why she arranged it so they would be alone together at the end of the night, that is why she followed him," Ms Akthar said.
"These things make sense if they are having consensual sexual intercourse together, but these actions don't make sense if this is a man who has raped her a number of times previously. It defies common sense."
Ms Akthar also noted the Snapchat video the woman took after the alleged rape of Brooks passed out on the curb near the field, which included a caption with a laughing crying emoji, did not make sense because she could have asked for help.
The defence barrister further suggested the woman's actions when organising a surprise Christmas present for Brooks with her work colleagues did not make sense if he had raped her the day before, but did if they were in a consensual sexual relationship and she was "fond" of him.
Ms Akthar further suggested the woman did not tell police she had said "no" to Brooks on the last alleged sexual assault in the storeroom on December 22.
Ms Akthar urged the jury to accept Brooks and the woman had consensual sex more times, on Sunday shifts, than the woman had suggested; and that Brooks' version of events "fit" because "he is telling you the truth."
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