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A 47-year-old man has denied twice raping another man who was enjoying an evening out in a Sydney nightclub with his girlfriend.
David Charles Massa is accused of two counts of sexual intercourse without consent against the complainant in the smoking area of Universal Sydney on Oxford Street in the early hours of June 1, 2024.
David Charles Massa leaves Downing Centre District Court.Credit: Wolter Peeters
Delivering his opening address to the 12-person jury at the Downing Centre District Court on Monday, Crown prosecutor Matthew Harper said the alleged victim and his girlfriend had dinner at about 7:30pm on May 31 at The Beresford Hotel in Surry Hills, where he had about four beers.
At about 9:45pm, they moved to Universal, where Massa – a stranger – was also socialising.
Harper told the jury they will see CCTV footage showing an initial interaction between the pair about 12:45am, when the complainant kissed Massa’s hand and invited him to join him and his girlfriend in the smoking area.
There, it is alleged, Massa flirted with the complainant, but the man “politely declined” his advances, suggesting other people in the venue may be interested in him.
While they were standing and talking, Massa allegedly reached his hand around and down the back of the man’s underwear and committed the sexual intercourse without consent.
“It is the Crown’s case this occurred suddenly and unexpectedly and caused the complainant pain,” Harper said.
Massa is then accused of staring at the complainant while performing an act too graphic to detail.
Harper anticipated the complainant will give evidence the sexual assault occurred another two or three times, but the Crown’s case was that CCTV footage seemingly showed it happening twice in total. The alleged victim drank about four to five beers while he was at the venue, the court heard.
The prosecutor said the alleged victim will testify that he moved away from Massa and sat down elsewhere when Massa sat beside him.
The complainant will testify that at one point, Massa kissed him on the lips but he “did not reciprocate”, Harper said.
As the alleged victim and his partner left the venue and walked away, the man allegedly told his girlfriend about the sexual assault.
The following morning, he allegedly woke in pain and spoke to his partner further about the assault.
Later that day, Harper said the jury will hear, he went to hospital, where he was examined and DNA swabs were taken.
After being contacted by police, Massa voluntarily attended Surry Hills police station.
Massa denied that he sexually assaulted the complainant and said there was some mutual “intimate touching” but denied any was non-consensual.
That was according to defence barrister Nicole Carroll, who said in her opening submissions that CCTV footage would show the pair “socialising and being friendly” with each other, and that their behaviour became “flirtatious” towards the end of the night.
“There were moments during the evening where we would say the two men were flirting with each other, in the sense they were intimate, ie kissing or touching each other at certain times,” Carroll said.
“The accused’s case is that on the occasions that the accused was close to the complainant, he was responding appropriately to the attention given to him by the complainant and vice versa.”
The court heard the alleged victim’s partner and a forensic biologist were expected to testify, with both the prosecution and defence noting the CCTV footage was important evidence.
Massa has also pleaded not guilty to two counts of sexual touching without consent, which are back-up charges to the two charges of sexual intercourse without consent.
The four-five-day trial before Judge Siobhan Herbert continues.
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732) or the Men’s Referral Service on 1300 766 491.
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