General News
25 May, 2023
Trial for alleged rape of teenage traveller in Halls Gap Airbnb begins
A jury trial has begun for an Airbnb owner accused of raping a teenage traveller at his Halls Gap caravan in September 2018.
A jury trial has begun for an Airbnb owner accused of raping a teenage traveller at his Halls Gap caravan in September 2018.
James Desmond Lithgow appeared in the County Court at Ballarat on Tuesday to answer seven charges, including two counts of rape, attempted rape, sexual assault, and one charge of false imprisonment.
The complainant, who was 19-years-old at the time in Australia on a working visa, came into contact with the accused on September 26 through classifieds website Gumtree when Lithgow was searching for a cleaner for his Airbnb.
She arrived in Halls Gap to start work the next day.
Crown prosecutor David O'Doherty told the jury that evening, after the pair had shared a bottle of wine in front of a campfire, Lithgow "shocked" the teen when he touched her without her consent.
"She felt sick. Her English was poor," he said.
It's alleged Lithgow then pulled her to his caravan, "managed to get her clothes off", and assaulted her.
"She told him to 'stop, stop it' and that she had a boyfriend," Mr O'Doherty said.
"He just told her to relax. It made her feel sick and yucky. She kept telling him to stop it in English but he continued. He was persistent and she was resistant."
The jury was told the teen repeatedly hit her head on one of the caravan's walls and tried to stop the alleged assaults before Lithgow relented, though it is alleged he initially kept her clothes from her, refusing to let her put them back on.
"He was angry and kept calling her stupid and silly," Mr O'Doherty said.
About 2.09am the teen messaged her boyfriend, who told her to run away, but, the jury was told, the complainant was too scared to leave.
The complainant's boyfriend got on the first train to Ararat and picked her up the next day, taking the teen to a nearby campground where she "burst into tears" and the site manager phoned police.
The 19-year-old was taken to hospital.
The prosecution shared statements from her police interview in its opening address.
"'No matter how I [ask] he never stops'," the complainant told police at the time.
"I [had] no way to get out'."
Lithgow was interviewed by Ararat police five days later and, while he agreed there had been some sexual interaction with the complainant, he said it was consensual.
Defence counsel Moya O'Brien told the jury the "major battleground" of the trial was the issue of consent.
"There is one thing he is adamant about: He is not a rapist," she said.
"In broad terms there was a natural chemistry between the pair ... [they] kissed, touched and cuddled outside the caravan, when they went into the caravan and the sexual intimacy [continued].
"He disputes that the complainant was at any time resisting him, fighting him and telling him 'stop'.
"The issue in this case is the complainant's reliability and credibility.
"Are her recollections of her time in Halls Gap accurate or are they exaggerated or are they false?"
Ms O'Brien also said she wanted to "acknowledge the atmosphere ... in 2023" and appealed to the jurors to "keep an open mind".
"Much has been said about the sexual safety of young women," she said.
"I want you to allow for a moment of possibility of an ordinary, hardworking man ... accused of perpetrating serious sexual [offending].
"Grant him the kind of listening ... you would want for a friend, for a family member who is accused of something they are adamant they did not do."
The jury will travel to Halls Gap together on Wednesday to take part in 'a view' of the caravan and will be allowed to ask Judge Fran Dalziel any questions which arise from their visit.
Affected by this story? There is help available.
You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.
Or phone Lifeline on 13 11 14, or the Blue Knot Foundation on 1300 657 380