Man accused of raping friend after partying in the Valley wins retrial
A man found guilty of raping his friend while she tried to sleep after a night out in Brisbane's Fortitude Valley has won a retrial.
Marc Charles Silcock was found guilty and sentenced to seven years' imprisonment in December 2019 for sexually assaulting and raping his friend at a share-house in 2017.
Marc Charles Silcock is accused of raping his friend after a night out in Brisbane's Fortitude Valley. Credit:Cameron Atfield
The alleged attack occurred after a group of friends returned to Mr Silcock's home after partying in the Valley one Saturday night.
The woman, who cannot be named for legal reasons, had planned to sleep in a separate bedroom and drive home the next day.
In her evidence, the woman described the alleged rape, saying she woke up on her stomach but her legs were spread, her shorts and underwear were off, and Mr Silcock was holding up her hips and penetrating her.
She alleges she slapped him away and went back to sleep but was woken up again with his head between her legs performing oral sex.
In her evidence, she left and went to another room where he followed her and touched her breasts and vagina.
The Court of Appeal found there was "a miscarriage of justice" at the original trial because Mr Silcock's lawyers did not act on his instructions.
Specific matters put to the woman during cross-examination were contrary to the advice he had given his defence team, the court found.
Whilst Mr Silcock never gave instructions that any sexual acts had occurred between the pair, he approved a trial strategy that accepted there was oral sex, with her consent, but there had been no penetration.
He also claimed he did not touch her breasts but they had cuddled with the woman's consent.
The Court of Appeal found that the way Mr Silcock's lawyers cross-examined the witness was "open to be construed as an admission of penetration".
The two counts of rape and two counts of sexual assault were set aside and a retrial was ordered.