By Sarah McPhee and Nick Newling
A man accused of raping a woman at Sydney’s The Star has broken down in court as a jury viewed footage of his alleged victim in the hotel foyer holding her swollen face and telling police, “I thought he was going to kill me”.
The 21-year-old woman gave evidence in Downing Centre District Court on Thursday that after the alleged attack by Joel Nathan Fitzpatrick Burtt she “sprinted” out of the room and took the lift to the ground floor.
Joel Nathan Fitzpatrick Burtt leaves court during his sexual assault trial.Credit: Dion Georgopoulos
Fitzpatrick Burtt, 22, has pleaded not guilty to 11 charges relating to three incidents against the woman, including multiple counts of sexual intercourse without consent at The Star Grand Hotel on a night in 2022.
Prosecutors allege Fitzpatrick Burtt punched, headbutted, kicked and raped the woman inside the room, which had been booked by other people they knew, following a Darling Harbour group cruise and drinks at a pub.
On Thursday, prosecutors played the jury a four-minute clip from a police bodyworn camera showing the complainant with hotel security in the foyer.
“He was saying this is what I deserve,” she said. “Then he had sex with me when I was screaming and crying … I was telling him ‘Just stop’.”
The woman told police “he was strangling me to the point where I thought I was going to die”, “I thought he was going to kill me”, and that she felt like she needed to go to the hospital.
“That was the scariest thing in my f---ing life,” the complainant said. “I don’t have my phone, it’s up there, I just ran. Someone call my Dad, please.”
As the footage was played, Fitzpatrick Burtt began audibly sobbing in the dock. Chief Judge Sarah Huggett adjourned for a short break.
In earlier evidence, the woman said she had gone to the hotel to retrieve some items, and had walked back with the man who booked the room and Fitzpatrick Burtt. She said when the friend left, the accused assaulted her and “asked me to have sex, and I said ‘no’.”
The woman said Fitzpatrick Burtt looked “evil”, and punched and headbutted her. She said she asked for ice for the swelling, which he ordered via room service, and claimed he then raped her.
The complainant said she had repeatedly asked the accused if she could call their female acquaintance who had booked the room, but he denied her requests unless she performed sexual acts.
She said she “agreed” to perform oral sex on the accused because she was “scared” he would hurt her again. She said he eventually let her call their acquaintance, but then kicked her and threw the ice bucket at her.
When the acquaintance arrived and opened the door, the complainant said she ran from the room.
She told the court she went to hospital that night for a CT scan for her head, but was told there was a two-hour wait for a sexual assault examination.
The complainant said she “didn’t want to wait that long” and so she went back to hospital the next day.
“I was just really upset, I was really afraid, it was a horrible night.”
The jury was also played CCTV of the pair outside in Pyrmont earlier that night showing them holding hands and the accused putting his arm around the complainant’s shoulders.
Asked under cross-examination by defence barrister Peter Skinner how the hand-holding fit with her evidence that Fitzpatrick Burtt had insulted her on the cruise, the complainant said they were “getting along for some points of the night”.
“He wasn’t constantly being horrible throughout the night,” she said, adding that there were “significant moments when he would snap and be rude to me” including inside the hotel room.
Fitzpatrick Burtt admits he had sex with the woman that night, but the defence argues any lack of consent is a live issue, and some of the alleged sexual acts did not happen.
The accused has also admitted he punched the woman, but claims it was due to an argument they had after sex.
The trial continues.
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800 RESPECT (1800 737 732).
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