Rape claim
By BRAD CLIFTON
April 21, 2006

A MAN who claims he mistakenly had sex with "the wrong woman" after entering a dark bedroom at the home of a Sydney magazine editor was yesterday committed to stand trial for rape.

Paul John Chappell, 31, was invited back to the 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.

"The next thing I remember was waking up to someone having sex with me," she said. "I assumed straight away that it was (my boyfriend) because I wouldn't even consider that it would be anyone else."

She also said: "When the light is out, it is black in our bedroom, you can't see anything."

To her dismay, she later turned on the light and realised it was Chappell, not her boyfriend, in the bed.

"I was totally gutted that it was him and not (my boyfriend)," she said. "I went straight into (my flatmate's) bedroom hysterical."

The screaming woman pushed Chappell out the front door shortly before her boyfriend woke up and was told what happened.

"(He) was so beside himself and enraged that he said he was going out to find (Chappell) and kill him," she said.

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.

"He got up and went to the toilet," she said.

"After what seemed like five minutes I assumed he had passed out on the lounge or something, so I rolled over and went to sleep. The next thing I remember was (my flatmate) running into my room quite hysterical."

Magistrate Margaret Quinn committed Chappell to stand trial but said it "may well be a difficult case for the prosecution" to prove.

A date for Chappell's trial will be set next week.

Source

I voted for tough question. I’m confused on this one.

I voted for tough question...

tough question.

No...thye flatmate willingly particpated also...

The flat mate thought it was her boyfriend and and agreed to sleep with him. So in essence he's not quilty.

But it was dark and she could not see him.

Totally not guilty, they are both at fault! It was at a party, people were drunk everywhere. Or she got caught sleeping with another dude and had to make something up. Either way, he is not guilty.

And she knew there were drunk males in the house. She should of checked to make sure it was her boyfriend.

This guy is definetly not guilty, it is a mistake on both their parts. If anything, the girl said it was dark in her room so she couldn't see firstly that it was not her boyfriend.... I'm pretty sure you should be able to feel someone and know if it's your boyfriend or not just by touching, especially if your in a relationship with them!!

If the girl turned on the light, realised it was not her boyfriend, screamed for him to stop and he didn't - then yes ok, thats rape. BUT the girl never said stop or don't do this, she willingly participated in the act. It is your own responsibility to check who it is your having sex with when they crawl into your bed.

Guess we should all be having sex with the lights on more often!

Seriously, sounds like some people had a few too many drinks and probably should have had a little more restraint on who they brought home.

I voted no. I think it was just mistaken identity. She willingly participated in sex. She must have been really drunk to not be able to tell a strange man from her boyfriend. Sheesh.

That’s the thing, she wasn’t drunk, the guy was.

Then it goes back to my stament of she should of made sure before she had sex with him.

Then there is something fundamentally wrong with her not to be able to tell her boyfriend from a stranger!! All men are not just alike, she should have known something!

Yeah, you would think she would be able to tell, even with the lights off, the difference between her boyfriend and her roommate's boy friend. Something fishy going on there...

Absolutely not. I find it ridiculous that they would press charges when it's quite obvious that the mens rea is not present.

Just how long exactly did it take till she turned the light on? this man is not guilt.

No way is he guilty.

If he is charged, why shouldn't she be as well?

When engaged in intercourse there are certain positions where the recipient visibility is limited, let alone in complete darkness.

Perhaps the accused shared a similar physical characteristic as the victims boyfriend ( size ) which made it difficult for her to distinguish one form the other.

Give me a break right now….

Was this woman drunk or what? She couldn’t tell it wasn’t her boy friend? C’mon…I could only see that if she had only been dating her b/f for a few days…but, to not know your own b/f?

You would know the instant he got into bed…unless she has the awareness of a rock….
There would be a different smell to him, feel, sounds and everything…sheesh!

There ya go!

Why should "he" be charged?
I'd say "she" should have known that it wasn't her b/f...and that "she" took advantage of the situation...

He could cry rape as well...

She was not intoxicated. She was asleep in her bedroom prior to alleged rape.

Shame then that she has the awareness of a rock...

I do not believe for a second that she couldn't tell it wasn't her b/f

What, there where no words spoken, no sounds? There were no hands on? C'mon, how could she not hear, feel, sense or know the difference?

There really must be something fishy going on then...or, this woman is the most unaware person in the world.

Even Helen Keller would have known the differance...

This is something that could only happen in a funny movie.
In real life, me thinks it's sham!

Let me just say this. I don't care what position I was in, I'D be able to tell my husband from a complete stranger in total darkness. The woman's claim is absurd.

I agree. I'd also be able to tell the diffrence between my boyfriend and a complete stranger.

Her being sober makes her even more of an idiot. How pathetic...

Yeah, if I was her I wouldn't let anyone in on that fact!

As far as I’m concerned this was consensual sex.

It's hard to say......he must have had it all planned out.

Why would this man plan this? As it was stated he was drunk. She could of somehow coaxed him in to intercourse when he got into the bed.

This person is innocent

ummm... i hope he had a condom....

i voted negative

He's Guilty!

As stated in the article....the flatmate was asleep...there was NO WAY for her to know that the magazine editor had brought someone home.

Additionally, the magazine editor stated to Police that she "REFUSED to have sex with Chappell" when they arrived home and they went to her bed.

Chappell ALREADY KNEW that the magazine editor didn't want to have relations with him...so he entered the flatmates room....and started to have sex.

As the flatmate stated, She Woke Up Having Sex. She had NO IDEA that the magazine editor had brought someone home with her and thought it was her boyfriend.

He's Guilty!!