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Pair on trial for raping drunk woman in Kings Park

Two men accused of picking up a drunk woman outside a Perth pub then taking turns to rape her in the back seat of a car claim she gave consent.

Mohamed Al Maialy and Fahed Shgahy are on trial in the West Australian District Court, each accused of aggravated sexual penetration without consent over the April 2015 incident.

The pair allegedly approached the woman outside a pub in Northbridge, where she had been drinking with friends who had earlier left the venue.

Prosecutor Mark Hunter said they drove to Kings Park where the men took turns raping the woman in the back seat of the car.

They then took her back to Northbridge where another man came to her aid after he saw her crying.

The court heard the woman had a blood alcohol reading of 0.29 per cent.

Mr Hunter said whether the woman gave her consent would be a central issue for the jury to consider.

“If someone is so affected by alcohol that they are unable to consent then that is rape,” he said.

“Consent is something that must be given freely and voluntarily – consent is not taken from someone.”

The complainant, who is now aged 28, does not remember the second alleged rape and cannot describe either man’s appearance.

“She has very limited recollection of the sexual activity in the car,” Mr Hunter said.

During an interview with police, Al Maialy allegedly sought to deflect suspicion from himself.

“I don’t have sex in the back of cars … I am more classy than that,” he said.

Al Maialy’s defence counsel Anthony Elliott agreed the central issue was whether the woman gave consent, suggesting her difficulty was with her “lack of recollection”.

“Having sex with a person you just met is not a crime,” he said.

Mr Elliott urged the jury to keep an open mind and consider the evidence before making a judgment.

Shgahy’s defence counsel Patti Chong said her client believed the woman “engaged fully and voluntarily” in the sex.

“He had no doubt or misgivings,” Ms Chong said.

The trial continues.

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