04.44 am, Tuesday February 14 2012

US sailor not guilty of rape in Sydney

16:06 AEDT Mon Nov 23 2009
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US Navy
US Navy serviceman Timothy Davis was found not guilty of raping a sex worker in a Sydney brothel.

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A US sailor cleared on Monday of raping a prostitute in a Sydney brothel is "looking forward" to returning to California.

While Petty Officer Timothy Davis had admitted using a "lock down manoeuvre" to pin the woman to the bed, he denied forcing himself on her, saying he had only wanted his money back.

The 25-year-old had pleaded not guilty to having sexual intercourse without consent, aggravated by causing the woman actual bodily harm.

He also denied an alternative charge that, with intent to have sexual intercourse, he recklessly inflicted actual bodily harm on her.

On Monday, after a week-long trial, a jury in the NSW District Court found him not guilty of both charges.

He left the court complex without speaking to reporters, but his lawyer, Sam Macedone, said Petty Officer Davis was "very happy" with the verdicts.

"He is glad it's over," Mr Macedone said. "It has been very stressful for him.

"He is looking forward to going back to San Diego."

Petty Officer Davis had visited the brothel, in the inner-city suburb of Potts Point, while on shore leave on October 12 last year.

The woman told the jury she had protected, consensual sexual activity with "the customer", who had been told that the "house rules" included using a condom at all times.

He "changed" and became aggressive when she offered alternative services after the sailor - who had been drinking - could not complete the act before his half hour was up.

She said he "ripped" off his condom, telling her he had paid for sex and he was going to finish it off "like a real man".

The slight woman said he pushed her head into the pillow, started suffocating her, and had unprotected sex for 30 seconds.

The jury was shown police photos depicting scratches on the woman, who described Petty Officer Davis as an "animal" during an angry outburst at the trial.

In his evidence, the sailor - who agreed his weight was more than double the woman's - admitted using a "lock down manoeuvre" to pin her down to the bed when she said she wanted to stop.

He said he told her he was going to "finish", but when she kicked him away, he backed off with his hands in the air.

When he demanded his money back, he said she started stomping and kicking like "a rodeo".

"After so much of her screaming, I did muffle her mouth with my hand - I said, 'Stop yelling,'" he told the court, adding he used "attitude" and raised his voice at her.

But after she started shouting 'Stop!" and "Help!" he had realised what he was doing was wrong, and had later told police he thought his behaviour was "outrageous".

 
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