EXCLUSIVE: 'I thought you were just playing hard to get': Hero cop is accused of 'raping crying woman in a hotel room while his parents were next door' - just hours after receiving a bravery award for saving three people's lives
- Hero NSW policeman James Stuart McMillan is facing charges of sexual assault
- Senior Constable McMillan allegedly raped the woman in a Sydney hotel in 2017
- Just hours earlier he had received a bravery award for saving three people's lives
- The final day of his trial was heard on Wednesday before the NSW District Court
- Court heard that as McMillan alleged raped the woman she cried out 'stop, stop'
Hero policeman James Stuart McMillan (above) enters the Downing Centre District Court on Wednesday where he is charged with sexually assaulting a woman in 2017
A hero policeman who saved the lives of three people allegedly raped a woman just hours after receiving a bravery award for his efforts.
James Stuart McMillan was recognised by the NSW Police force for risking his life to save the elderly trio from a house as it filled with deadly carbon monoxide.
McMillan, a Senior Constable, travelled to Sydney in February 2017 with his parents and the woman to stand on stage at the awards ceremony where he was to be a guest of honour.
Afterwards Senior Constable McMillan and the woman went back to room 216 of the Ibis Hotel at Darling Harbour where she alleges he raped her on the bed.
His parents were in the room next door, just metres away.
On the final day of the NSW District Court trial on Wednesday, the court heard Senior Constable McMillan allegedly held the woman down and continued to rape her even as she told him to 'stop, stop' and threatened to scream out to his parents for help.
Senior Constable McMillan (left) was in Sydney to receive a bravery award, Just hours after he had stood on stage to receive an award he allegedly raped a woman in the Ibis Hotel at Darling Harbour on February 24, 2017
Senior Constable McMillan was arrested in November 2017 and charged with a single count of sexual intercourse without consent.
The court heard the alleged victim did not report the alleged crime to police initially.
Instead - during a later conversation with a police officer friend - she mentioned how Senior Constable McMillan had 'held her down' during sex on the night of February 24, 2017. at which point she began to cry.
That officer then informed her superior, who contacted the woman over Facebook to ask if she would like to make a complaint.
In his closing submission to the jury, Crown Prosecutor Craig Everson said it was not right to claim that because she did not initially report the incident, the woman - who can not be named - had lied about the incident.
'It was suggested by the defence that she made a false complaint... but we know it was the police who got involved in this matter by stumbling across the allegation,' Mr Everson said.
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The court heard that on the night of the alleged offence, Senior Constable McMillan asked the woman if he could give her a massage as she sat on a bed in their room.
She initially refused, before he persisted and she eventually gave in to his request.
As she lay face down on the hotel bed the policeman began to rub her back, before allegedly moving his hand further down her body, pulling up her nightie, the court heard.
When she tried to pull her clothing back down he allegedly grabbed and pinned her arm, before pulling her underwear to the side and forcing his penis inside her.
Mr Everson recounted evidence from the victim earlier in the trial where she claimed she was 'crying' during the alleged assault by Senior Constable McMillan.
'She said "if you don't stop, I'm going to yell out to your parents" but he continued for 10 seconds before he stopped,' Mr Everson told the court.
At the time of the alleged rape, Senior Constable McMillan (right) was in Sydney with his mum (left), dad and the woman to attend the awards ceremony
A text exchange between Senior Constable McMillan (in blue) and the woman (in white) days after the alleged sexual assault on February 24, 2017
He pointed to a series of text messages the pair exchanged in the days and weeks after the attack in which he claimed Senior Constable McMillan made 'admissions'.
McMillan: I'm sorry, I'm not just after sex with you. I'm sorry for Friday night, I thought you were just mucking around and playing hard to get.
McMillan: When I kept questioning I realised you were serious.
Woman: You weren't questioning, you were completely ignoring (me).
McMillan: I thought we were just mucking around. Yes I got confused no excuse.
McMillan: I love you and I mistakenly thought you wanted to be intimate with me that night. We all had a great night and I f**ked it up.
In her closing summary to the jury, defence lawyer Kellie Stares told the court there were several reasons Senior Constable McMillan should be found not guilty of sexual assault.
After returning to the Ibis Hotel (pictured) he allegedly gave the woman a massage before sexually assaulting her even as she said: 'If you don't stop, I'm going to yell out to your parents'
In his closing statements on Wednesday, Crown Prosecutor Craig Everson (pictured) said that just because the allegations were not reported for six months does not mean the woman - who can not be named - had made a 'false complaint'
She said among them was doubt over whether the policeman's penis had penetrated the woman's vagina.
Ms Stares instead submitted to the court that Senior Constable McMillan had 'only touched her on the outside of the vagina'.
She also pointed to evidence the woman had continued to be in a sexual relationship with him for months after the alleged sexual assault.
'This is inconsistent with how a genuine victim of rape would act,' Ms Stares told the court.
Ms Stares said that throughout the entire trip to Sydney the woman had appeared to be 'happy' in the company of both Senior Constable McMillan and his parents.
Text messages between the pair exchanged on February 25, 2017 - less than 24 hours after the alleged sexual assault - showed the woman inviting the policeman to her house.
'If you'd been sexually assaulted you sure as hell wouldn't want them to come around the next day,' Ms Stares told the jury.
Senior Constable McMillan leaves Downing Centre District Court on Wednesday. The jury will begin their deliberations on Thursday
Ms Stares also told the court that over time the woman's complaint had 'developed'.
The court heard the woman initially told of allegedly being 'held down', before she eventually made her statement to police where she claimed to have been raped.
The court heard that over the span of their relationship the pair had exchanged close to 19,000 text messages.
But Ms Stares told the court that when the relationship fell apart in mid-2017, Senior Constable began to ignore the woman's calls and texts.
The defence claimed the lack of attention from the policeman was among a number of reasons she may have 'lied' about the alleged sexual assault.
Judge Sarah Huggett told the jury of seven men and five women they will begin their deliberations on Thursday morning.
Senior Constable McMillan has been suspended by NSW Police while the matter has remained before the court.
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