Man Mistakes Woman For His Girlfriend, She Mistakes Him For Her Boyfriend, They Have Sex; Man Hit With Rape Charge

If both parties are equally guilty of, um, fraudulent fornication, why isn't she being charged with rape, too?

Paul John Chappell, 31, was invited back to [a female] editor's Bondi flat after they met during a night out.

The pair went to bed and Chappell later got up to use the bathroom.

But Chappell claims he mistakenly returned to the wrong bedroom, where the editor's 23-year-old flatmate was asleep.

He got into bed with the flatmate and initiated sex, allegedly believing she was the other woman.

The flatmate participated because she thought it was her own boyfriend who had come to bed after falling asleep in the loungeroom.

When she turned on the light, the "hysterical" woman saw Chappell in her bed and realised her boyfriend was still asleep on the couch.

Chappell intends to plead not guilty to one count of sexual intercourse without consent.

"The defence case is he made a mistake," barrister Wayne Flynn told the Downing Centre Court Local yesterday. "He went into the wrong room and had sex with the wrong person.

"He thought he was having sex with the person he went home with.

"The (alleged victim) says she believed she was having sex with her boyfriend. She made a mistake as to who she was having sex with and so did the defendant."

In a statement to police on the morning of the incident on October 1, the alleged victim said she had gone to bed about 2am, leaving her drunk boyfriend asleep on the lounge.

...

In her statement to police, the magazine editor said Chappell was "pretty drunk" when they arrived home and they went to her bed but she refused to have sex.

As always, I am dumbstruck that alcohol played any role in this.

posted by Ace at 01:44 AM

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