Thangaraj said: “You would not have walked into your bedroom, lit the candles, taken the balance of clothes off the both of you and lay down on the bed naked on your back if this behaviour that you’ve described of him earlier, including in the lounge room, had taken place.”
“That’s not correct,” the woman replied.
She said Gunathilaka “initially used a condom” and had struggled to get it on.
Thangaraj said: “He never tried to persuade you to have unprotected sex.”
“That is not correct,” the woman replied.
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She alleges she was choked and had her buttocks slapped during forceful intercourse for about 15 minutes, and within three to five seconds of the sex ending, noticed a condom on her bedroom floor.
Thangaraj suggested Gunathilaka could not have removed a condom while he was either choking the woman or slapping her buttocks, to which she disagreed.
“It would not have taken him long to remove the condom,” the complainant said.
“It would have only taken him a few seconds.”
“There was no opportunity for Danny to remove the condom, according to what you’ve detailed in your first statement,” the barrister said.
“No, I disagree with that,” the woman replied.
“You never suggest in either [police] statement that he stopped intercourse for a few seconds ... you agree with that, don’t you?” Thangaraj asked.
“I agree that I didn’t write that he stopped for a few seconds, yes,” she replied.
Asked if she was unaware how the condom came to be on the floor, the woman said, “he took the condom off his penis and threw it”.
“At no point did Mr Gunathilaka have unprotected penile-vaginal sex with you,” Thangaraj said.
“That is not correct,” the woman replied.
Crown prosecutor Gabrielle Steedman on Monday said the woman had not directly seen Gunathilaka remove the condom but the Crown sought to prove that fact “based on all the circumstances in the case”.
The defence has said the woman must be accepted by Judge Sarah Huggett as a credible witness beyond reasonable doubt for the Crown to prove its case. The judge-alone trial continues.
Support is available from the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800 RESPECT (1800 737 732).
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