Harley Gene Lewis leaving court, in for a trial on one charge of rape and one charge of sexual assault. Picture Mike Batterham
Harley Gene Lewis leaving court, in for a trial on one charge of rape and one charge of sexual assault. Picture Mike Batterham

‘You don’t stop someone and ask is this okay,’ court hears

THE man accused of raping a woman after a Triple J Hottest 100 party has said all his actions were entirely consensual, the Southport District Court has heard.

Harley Gene Lewis, 26, has pleaded not guilty to one count each of rape and sexual assault.

He took the stand today to give his version of events about what happened after a house party about 4am on January 27, last year.

It is alleged he picked the woman up, took her to a bedroom, tied her hands, put a hand over her throat and raped her.

Harley Gene Lewis (middle) leaving the courthouse. assault. Picture Mike Batterham
Harley Gene Lewis (middle) leaving the courthouse. assault. Picture Mike Batterham

Lewis told the court this morning at no stage did he think the woman was not consenting.

When asked if he heard her whimper or see her wince he replied: "No not at all. If that would have been the case I would have stopped."

Lewis said prior to their encounter the pair had been talking and laughing.

He said he was hitting on her but believed she was flirting back.

Lewis said at times when they were into the bedroom, the woman laughed.

He said he decided to tie her hands up after an earlier conversations about their previous sexual conversations.

Lewis outside the Southport Courthouse Picture Mike Batterham
Lewis outside the Southport Courthouse Picture Mike Batterham

"I pulled the drawstring out of my pants … I asked her if it was okay and she said yes," Lewis said.

It was alleged Lewis told the woman in an earlier conversation his father was a murder and had cut someone's fingers off.

Lewis said he had said his dad was a murderer but he was joking and it was not true.

He also denied that he said he had cut someone's fingers off.

Crown prosecutor Sarah Lio-Willie asked Lewis if he had at any stage asked if the woman was okay with what he was going to do, including putting his hand over her throat.

"When you are having sex with someone you don't say do this please … you just feel it out," Lewis replied.

"You don't stop someone and say 'hey is it okay if I do this?'."

He denied squeezing the woman's throat.

"It's not choking in the sense of a hard squeezing … It's like when you are kissing someone you just run your hands over their throat," he said.

Three women gave character references for Lewis, all describing him as a "genuine" and "loving" person.

The trial continues.



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