‘Justice got served’: man cleared of nightclub rape
It took a year and a half of his life and $130,000 in legal fees, but David Charles Massa believes his fight to clear his name from rape charges was worth it.
The 47-year-old man was charged after an encounter with another man in the smoking room of Universal Sydney nightclub in June 2024.
He was accused of putting his hands into the complainant’s underwear and harassing her for several seconds before smelling her own fingers.
But Mr Massa was acquitted in the NSW District Court on Tuesday of two counts of sexual intercourse without consent and two additional charges of sexual touching.
“Not guilty,” the jury foreman told the court.
Mr Massa admitted putting his hand down the other man’s trousers and touching his bottom, but said the advance was consensual.
He was visibly relieved as he left court surrounded by a crowd of family and friends.
“I’m really pleased that justice has been served,” he told AAP.
“There are only three things that can’t be hidden for too long: the sun, the moon, and the truth. And it was finally revealed today.”
The 47-year-old man described the toll the “false allegations” took on his life, costing him $130,000 in legal fees and a year and a half of his life.
Mr. Massa said the jury made the right decision and he was happy to put it all behind them.
“I’m happy to move on with my life,” he said.
In his closing argument, his lawyer Nicole Carroll pointed to CCTV footage from the Oxford Street club in the early morning hours of June 1, 2024.
He said the photo showed the complainant talking to Massa, laughing, smiling and kissing him even after the alleged rapes.
The woman maintained that the man did not appear to be upset, clumsy, frustrated or in pain.
Instead, Ms Carroll said, she left because her girlfriend pulled her away from Massa after the two men were seen close to each other.
The prosecutor’s claim that Mr Massa knew there was no consent and went ahead anyway was rejected when the jury acquitted him.
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