Event and Time
Event Description
- The applicant, Douglas Matthews, is charged with sexual assault and rape of three women between November 2020 and March 2021 at his home in rural Victoria while he was acting as a masseur.
Application and Claims
- The prosecution intends to use tendency evidence from each complainant to establish Matthews' sexual interest in his female clients and his propensity to sexually assault them.
- Each complainant alleges non-consensual breast touching, and one complainant states that further sexual acts occurred.
- Matthews contends that any touching was consensual as part of the massage service.
Judicial Decisions
- On 1 June 2023, Judge Meredith ruled that the prosecution could present tendency evidence at the trial despite objections from the defense.
- Matthews sought an interlocutory appeal against this decision, arguing that it misapplied legal principles and introduced prejudicial evidence.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Arguments:
- Tendency evidence supports a narrative that aligns with the prosecution’s case of a sexual interest and predilection toward assaulting female clients. - The prosecution argues that the cases share a nexus due to their temporal proximity and the nature of the conduct.
- Defense Arguments:
- Matthews argues the tendency evidence is irrelevant and prejudicial, potentially leading the jury to conflate consent issues across different charges. - He claims inconsistencies with the High Court decision in *Phillips v The Queen* about consent standards and the assessment of prejudicial evidence.